Tag Archives: liens

ILN Today Post

New Rules Regarding Liens and Liens on Financial Assets

On August 28, Law No. 13,476 was enacted, establishing that liens and encumbrances, including for publicity and effectiveness purposes, should be carried out on financial assets and securities subject to registration or centralized deposit. , exclusively in the registering entities or central depositaries in which the financial assets and securities are registered or deposited, regardless of the nature of the legal transaction to which they relate.

On the same date, the Central Bank of Brazil (BACEN) promulgated Resolution No. 4,593 of the National Monetary Council (which will come into force 180 days after the date of its publication), regulating the registration and centralized deposit of financial assets and securities by financial institutions and other institutions authorized to operate by the Central Bank of Brazil, as well as on the provision of services for the custody of financial assets.

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ILN Today Post

Amendment to the Rules on the Establishment of Liens and Liens of Financial Assets and Securities Subject to Registration or Centralized Deposit

On April 6, 2017, Provisional Measure No. 775 (” MP 775 “) was amended to amend the legislation on the establishment of liens and liens (guarantees) on financial assets and securities subject to registration or centralized deposit, Law no. 12.810 / 13 and revocation of art. 63-A of Law 10,931 / 04.

The centralization of the deposit and registration of guarantees on financial assets and securities is presented in recent years as a widely discussed topic in the face of the various doubts that the market faced regarding the coverage and formalization of guarantees. In this sense, MP 775 brought important changes.

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ILN Today Post

Liens – Extraordinary Remedy!

By Satinder Sidhu

Our Court of Appeal has said that the Builders Lien Act (the “Act”) is a statute that creates extraordinary remedies. Without the Act, there is no rule or precedent at common law that allows property to be encumbered by a builders lien. Accordingly, our Court of Appeal has said that the Act must be interpreted in a strict fashion. Our courts have no authority to add to the substantive rights of a lien claimant unless specifically provided for in the Act.

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ILN Today Post

Samuel Levine presents at Real Estate Committee MCLE meeting on mechanics liens and mortgage foreclosures

Arnstein & Lehr Attorney Samuel H. Levine

Samuel Levine

Arnstein & Lehr Chicago Partner Samuel H. Levine spoke at a Real Estate Committee MCLE luncheon meeting, that took place November 8 in Naperville, Illinois, at the Naperville Country Club. Mr. Levine covered trends in mechanics liens and mortgage foreclosures, focusing on recent cases involving enforceability and priorities. The event was sponsored by the DuPage County Bar Association.

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