WARRANTIES & INDEMNITIES
Securize liabilities in a property transaction
Type of approach
- Title to Property and Title to Shares policy;
- Fundamental W&I from ground up;
- Top up fundamental W&I;
- Defined risks coverage extended to breach of fundamental warranties.
Fundamental warranties
- Ownership of shares
- Authority to act
- Capacity to act
- Incorporation of the target
- Title to assets (in form of ownership, RPU, tenancy/Lease hold).
- Insolvency warranty
- No litigation
- Leasing and tenancy schedule
- Permitting