Transfer of the plant into mortgage

REVERA provided comprehensive legal support to a Belarusian industrial enterprise in concluding a mortgage contract.

For the purpose of expanding production capabilities, the investment bank allocated a credit line of more than 20 million EUR in equivalent to the Belarusian enterprise. The borrower agreed to mortgage immovable property, i.e. a new production unit, to secure the fulfillment of its obligations.

Accompanying the transaction on the enterprise’s side, REVERA’s team checked the legal clarity of the capital buildings (subject of mortgage) and the land plot where they are located. 

Following the results of the inspection, the lawyers provided a legal opinion, in which they confirmed the legal capacity of the borrower, its right to the property transferred into mortgage, as well as the absence of other restrictions, encumbrances, rights of third parties.

In order to minimize the risks for the client, REVERA’s experts analyzed the questions of the scope of the subject of the contract, the conclusion of an agreement on extrajudicial foreclosure of mortgaged property, the norms of mortgage legislation. As a result of the analysis the draft mortgage contract was revised and agreed upon.

By the end of the project, the client obtained all necessary approvals, permits and registrations from state authorities, third parties in connection with the conclusion of the mortgage contract, as well as confirmation of the legal validity of the mortgage contract.
 

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