National Security and Investment Act 2021: implications for lenders and security agents

The National Security and Investment Act 2021 came into force on 4 January. It gives the Government powers to scrutinise and intervene in transactions where control over an entity or its assets has been or will be ‘acquired’ and this gives rise to a national security risk in the UK. The powers are broad and could affect lenders and security agents on both existing deals and new deals, particularly in the 17 designated sensitive sectors which include communications, data infrastructure, energy and transport. We look at the implications for the loan markets.