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Latin America Enforcement and Security Guide

Date: 16 May 2017
By: Felipe E. Creazzo, Marc J. Veilleux, Mayank Gupta, Andrew V. Petersen

In the current economic climate, it is important that lenders understand how they can enforce security and debt claims to help in assessing options in the event of default by their customers, and when structuring new lending. It is also increasingly common that a bank lending to customers in their own country will lend ancillary facilities to, or take guarantees and security from, foreign subsidiaries and counterparties. 

Click here to access a comprehensive country guide which provides an overview of the steps that need to be taken to enforce both secured and unsecured claims in a range of key jurisdictions in Latin America.

On a country by country basis, this guide gives an overview of how to:

  • enforce and realise security in that country;
  • enforce unsecured debt claims; and
  • enforce a debt ‘cross-border’, i.e. by obtaining a judgment in one country, and enforcing it in another.

The guide has been prepared by lawyers in each of these countries, who act regularly in enforcing secured and unsecured claims for banks, both on a domestic and a cross-border basis.

K&L Gates LLP’s geographical coverage means that we, ourselves and through our network of local counsel relationships, can offer our clients banking and finance experience in structuring and documenting finance transactions as well as enforcement and restructurings in the countries covered in this guide, and in other key jurisdictions in Europe, North America, the Middle East, Africa, and the Asia Pacific region.

All sections in this guide have been prepared by a firm in our network of local counsel relationships in each relevant jurisdiction as indicated.

If you require any further information please contact one of our K&L Gates contacts.

This publication/newsletter is for informational purposes and does not contain or convey legal advice. The information herein should not be used or relied upon in regard to any particular facts or circumstances without first consulting a lawyer. Any views expressed herein are those of the author(s) and not necessarily those of the law firm's clients.

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