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Fixed and Floating Charges: the Key is Control, but the Key to Control is Drafting

Posted by Natalie Lake on May 18, 2023 3:59:47 PM

In our April webinar “Risk Mitigation Techniques in Trade Financing Structures”, which I delivered with my colleagues Sam Fowler-Holmes and Maria Capocci, we discussed methods to mitigate risks all the way along the transaction lifecycle. We covered the option of taking charges over the accounts of a Borrower and the funds standing to the credit of such accounts, looking at the importance of the "triple cocktail" in demonstrating the requisite level of control where a lender wants to take the coveted fixed charge. 

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Topics: Fixed and Floating Charges

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Talking Trade Finance is here to provide you with all of the latest updates in the Trade & Export Finance Industry.

The material on this site is for general information only and is not legal advice. No liability is accepted for any loss or damage which may result from reliance on it. Always consult a qualified lawyer about a specific legal problem.

Meet the Editor


Sam Fowler-Holmes is a partner in the Trade & Export Finance Group in Sullivan’s London office. He specialises in structured and unstructured trade, commodity and export finance, advising both financial institution and corporate clients on a range of financing products including pre-export financing, prepayment financing, letter of credit and payment instrument facilities and working capital and borrowing base financings. Sam is a regular speaker at the Sullivan trade and export finance seminars and is a member of the ITFA Emerging Leaders Committee.


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