The Asia Pacific Guide to Lending and Taking Security was originally published in 2017 and last updated in 2021. We have once again revised and updated the guide to ensure it remains current and relevant to the Asia Pacific lending market. It contains questions and answers that are important to lenders in the region when considering whether to lend, what security can be taken to protect their investment and what happens if things go wrong. It also includes a section on working digitally. This section covers the electronic execution of documents, verification of the signature of a person witnessing a document, perfecting security without a wet ink signature, and any legal restrictions to the electronic execution of financing documents.
The guide covers 13 jurisdictions in the region: Australia, Cambodia, Mainland China, the Hong Kong SAR, India, Indonesia, Japan, Malaysia, the Philippines, Singapore, Thailand, Taiwan and Vietnam.
This guide is a result of combined efforts from lawyers across major cities and financial centers in Asia Pacific. We hope you will find this guide useful and we would be very happy to help you to navigate these and any other markets you are operating in or looking to go into.
NOTE: The content of this guide is current as of November 2023; the high-level guidance in this document is not intended to be comprehensive legal advice.