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Security for Performance of Obligations

Legal support for pledge, mortgage, suretyship and guarantee — from structuring security to foreclosure

About the service
Work process
Key lawyers
Clients
FAQ

What is security for the performance of obligations?

Security for the performance of obligations comprises legal instruments (pledge, mortgage, suretyship, guarantee) that protect the creditor in the event of the debtor’s default. Properly structured and correctly executed security determines whether the creditor can actually recover the funds.

We provide legal support for structuring, executing and enforcing security in financial, corporate, investment and commercial transactions — from choosing the security model to foreclosure and protection of the creditor’s rights.

What we do

  • Structure security for the performance of obligations in credit, investment and commercial transactions
  • Prepare pledge, mortgage, suretyship, guarantee and other security documents
  • Conduct legal due diligence of the security object and verification of encumbrances
  • Support the pledge of corporate rights, property rights, equipment, goods and other movable property
  • Support the mortgage of real estate, land plots and objects of unfinished construction
  • Structure security in project finance, M&A and debt restructuring
  • Support the registration of encumbrances, mortgages and other security rights
  • Analyse the enforceability of security and the risks of its realisation
  • Support negotiations between creditors, debtors, sureties and pledgors
  • Advise on the foreclosure on the security object

What security support includes

1
1
Structuring the security
Choosing the optimal security model with regard to the nature of the obligation, the debtor's assets, the group structure, the creditor's requirements and performance risks
2
2
Legal due diligence of the security object
Verification of ownership, encumbrances, litigation, corporate restrictions, permits, registrations and other risks that may affect the validity or enforcement of the security
3
3
Pledge of movable property and property rights
Preparation and support of the pledge of equipment, goods, vehicles, corporate rights, accounts, monetary claims, contractual property rights and other assets
4
4
Mortgage of real estate and land plots
Support of the mortgage of real estate, land plots, construction objects and infrastructure assets, including verification of the legal status of the object and registration of the mortgage
5
5
Suretyships, guarantees and other instruments
Preparation of suretyship agreements, guarantees, bank guarantees, comfort letters and other instruments supporting the performance of obligations
6
6
Registration of security
Support in registering mortgages, pledges, encumbrances of movable property and other security rights in the relevant registers
7
7
Security in complex transactions
Structuring the security package in credit agreements, project finance, M&A, debt restructuring, distressed transactions and intra-group financing
8
8
Foreclosure and protection of creditor's rights
Advice on enforcing the security, foreclosure on the pledge or mortgage object, protection of the creditor's rights and settlement of security-related disputes

Key lawyers

Dr. Valentyn Gvozdiy
Dr. Valentyn Gvozdiy
  • Founding Partner at GOLAW, Attorney at law, PhD
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Contact
Linkedin
PDF
Sergii Oberkovych
Sergii Oberkovych
  • Founding Partner and Managing Partner at GOLAW, Attorney at Law
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Contact
Linkedin
PDF
Viktoriia Bublichenko
Viktoriia Bublichenko
  • Partner, Head of Tax, Restructuring, Claims and Recoveries practice, Attorney at law
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Contact
Linkedin
PDF
Oleksandr Melnyk
Oleksandr Melnyk
  • Partner, Head of Corporate Law and M&A practice, Attorney at law
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Contact
Linkedin PDF

We are trusted We are trusted

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Häufig gestellte fragen

  • Which type of security should be chosen?

    It depends on the nature of the obligation and the debtor’s assets: a mortgage for real estate, a pledge for movable property and corporate rights, a suretyship or guarantee for third-party support. We select the optimal model or a combination of instruments for the specific transaction

  • Why register a pledge or mortgage?

    Registration of the encumbrance establishes the creditor’s priority over others and is a condition for foreclosure. Without proper registration, security may prove unenforceable. We support registration in the relevant registers

  • What is legal due diligence of the security object?

    It is a check of the asset before the transaction: ownership, existing encumbrances, disputes, restrictions. It shows whether the asset can truly serve as reliable security and identifies risks before they become a problem

  • How does foreclosure work?

    In the event of default, the creditor enforces the security — out of court or through court, depending on the instrument and the terms of the agreement. We support foreclosure and protect the creditor’s rights in disputes

Get in touch

To get a consultation, please fill out the form below or call us right away:
All data is protected by attorney-client privilege in accordance with Article 22 of the Law of Ukraine “On the Bar and the Practice of Law.”
Or call to us:
manager contact +380 44 581 1220
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We respond within 2 hours on business days 31/33 Kniaziv Ostrozkykh st, Kyiv
All data is protected by attorney-client privilege in accordance with Article 22 of the Law of Ukraine “On the Bar and the Practice of Law.”
+380 44 581 1220

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