Clear documents. Proper perfection. Strong enforcement pathways.
In lending transactions, the strength of the security package often determines recovery outcomes — and how quickly a lender can act if default occurs. We support lenders and borrowers with well-structured facility documentation, robust security documents, and practical perfection steps that protect enforceability and priority under Kenyan law.
Key Services
- Facility documentation: term loans, overdrafts, revolving credit, syndicated facilities, variations and amendments.
- Security documents: guarantees, indemnities, debentures, charges over land, chattels mortgages, assignments and pledges.
- Intercreditor & subordination: priority arrangements, sharing clauses, payment waterfalls and standstill terms.
- Perfection & registration: stamping, filing/registration at relevant registries, and post-completion checklists.
- Enforcement planning: notices, workouts, restructuring support and recovery strategy guidance.
What “Perfection” Usually Involves
“Perfection” is the process of completing steps that make security effective and reliable against third parties. We help teams manage the practical sequence — so closings don’t stall and the security does what it should.
- Confirming registrable assets and the right security type
- Stamping and payment of applicable duties/fees (where required)
- Registration/filings at applicable registries and follow-through for evidence
- Post-completion bundle: originals, receipts, registration proofs and ticked checklist
Practical Risk Controls We Recommend
- Clear default triggers: define events of default and timelines for cure.
- Priority clarity: avoid ambiguity on ranking and enforcement proceeds.
- Actionable covenants: reporting and negative pledge clauses that can be monitored.
- Enforcement readiness: draft notices and steps early so action is not delayed.
Lending & Security Team
Beavon Machoka
Security Documentation
“Good documentation prevents disputes. Great documentation survives a default.”
