Registration of Company Charges

Registration of Company Charges
Author: Gerard McCormack
Publisher: Jordan Publishing (GB)
Total Pages: 0
Release: 2009
Genre: Commercial law
ISBN: 9781846611902

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Registration of Company Charges is a comprehensive guide to the charges registration system under Part 12 of the UK's Companies Act 1985, setting out the objectives and background of charges registration and explaining the requirements and procedure. The work helps distinguish charges which require registration in the UK and those which do not, and it explains in detail the mechanisms of the registration system with particular attention given to the roles of the various parties to the process. It provides practical advice on the complex issue of determining priorities between competing charges over the same property, and it considers weaknesses in the registration regime and the inadequacies of the priority rules. Fully updated, this third edition is timed to coincide with the implementation of relevant provisions of the UK's Companies Act 2006 and key developments including: full coverage of the new registration of charges regime introduced by Part 25 Companies Act 2006, timed to coincide with the implementation of the new regime on October 1, 2009 . a comparison of the new law with what went before . coverage of the case law since the publication of the previous edition including the implications of the Spectrum decision . a full consideration of the new regime for the registration of charges created by foreign-registered companies, including the replacement of the Slavenburg register . a detailed examination of the priority position with competing charges over the same property . consideration of the prospect of further legislative reforms and the scope of such reforms.

Company Security Interests

Company Security Interests
Author: Great Britain. Law Commission
Publisher: The Stationery Office
Total Pages: 388
Release: 2004
Genre: Business & Economics
ISBN: 9780117302624

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Following on from a previous consultation paper on this topic (Law Commission paper 164, ISBN 011730249X) published in July 2002, this report contains draft regulations which set out a scheme for the registration and priority of mortgages and other forms of security created by companies. It also makes general recommendations on the law applicable to security created by unincorporated businesses. Comments on the consultation paper should be received by 23.11.2004 and sent to James Robinson, Law Commission, Conquest House, 37-38 John Street, Theobalds Road, London WC1N 2BQ or emailed to: [email protected]

Company Charges

Company Charges
Author: William James Gough
Publisher: Butterworth-Heinemann
Total Pages: 500
Release: 2007
Genre: Corporation law
ISBN: 9781405718813

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This book provides a definitive treatment of the nature and effect of corporate fixed and floating charge security, company charge registration and charge priorities in relation to secured, unsecured and purchase interests. It deals with new legislation, including the Enterprise Act 2002, Companies Act 2006 plus major House of Lords decisions such as Spectrum.

Company security interests

Company security interests
Author: Great Britain: Law Commission
Publisher: Stationery Office
Total Pages: 234
Release: 2005-08-31
Genre: Business & Economics
ISBN: 9780101665421

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Following on from a consultation paper (ISBN 0117302627) published in September 2004, this report by the Law Commission sets out its proposals for reform of the system for registering mortgages and charges over property owned by companies. Proposals include a new scheme based on electronic notice filing to replace the current paper-based system; removal of the formal 21-day time limit for registration and the period of 'invisibility'; extension of the list of registrable charges; clearer priority rules; automatic forwarding of information by the Land Registry to Companies House about charges over registered land owned by companies; the sales of receivables (sums owed to a company by its various debtors) to be brought within the scheme; and changes to registration of charges created by companies registered outside Britain over property in England and Wales.

The Reform of UK Personal Property Security Law

The Reform of UK Personal Property Security Law
Author: John de Lacy
Publisher: Routledge
Total Pages: 984
Release: 2009-12-16
Genre: Law
ISBN: 113533272X

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There has been much discussion in the last ten years about the need to reform the law governing company charge registration, with many bodies including the Department of Trade and Industry and Law Commissions considering the case for reform of this area in the context of a wider scheme of personal property security reform. This has culminated in the coming into force of Part 25 of the Companies Act 2006, which is concerned with company charge registration. This major book features the work of international experts on personal property security law. It focuses on the reform of UK company charge law and argues that the Companies Act 2006 did not go far enough in reforming the law. It addresses the question as to whether the UK should follow the lead of other jurisdictions that have adopted US Article 9 type personal property security schemes. As well as considering current UK law the book also addresses the changes proposed by the Law Commissions and, despite current government inaction, considers whether these reform proposals should be adopted. The book contains major international comparisons and, in particular, looks at law reform in the USA, Canada, Australia, New Zealand, Singapore and Europe. This comparative treatment gives the reader a full perspective on this difficult and constantly developing area of law.

Comparative Law of Security Interests and Title Finance

Comparative Law of Security Interests and Title Finance
Author: Philip R. Wood
Publisher: Sweet & Maxwell
Total Pages: 935
Release: 2007
Genre: Bail
ISBN: 1847032060

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W Green has brought together leading figures from both academia and domestic and international practice to write this book, which features a comprehensive commentary on the Arbitration (Scotland) Act 2010

The Law of Security and Title-Based Financing

The Law of Security and Title-Based Financing
Author: Hugh Beale
Publisher: OUP Oxford
Total Pages: 1456
Release: 2012-03-22
Genre: Law
ISBN: 0191631019

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Personal property security is an important subject in commercial practice, as it is the key to much of the law of banking and sale. This second edition has been fully updated and expanded to cover all important issues and changes within this highly complex area of law. It explains traditional methods of securing debts (such as mortgages, charges, and pledges) on property other than land, describing how these are created, how they must be registered (or otherwise 'perfected') if they are to be valid, the rights and duties of the parties, and how the security is enforced if the debt is not paid. The new edition includes an expanded section on priorities in which it explains how 'priority' disputes between competing interests over the same property are resolved. In addition the book covers the law governing other transactions that perform a similar economic function (such as finance leases, retention of title clauses, and sales of a company's book debts). These are not currently treated by the law as security and are therefore subject to different rules on perfection, priority, and enforcement. There is much expansion of the discussion relating to enforcement including the issue of 'right of use' following Lehman, more analysis on administration and all forms of non-possessory security and quasi-security, and a new chapter on enforcement of security addressing the right of appropriation under FC/FCAR and the Cukurova case. The conflict of laws section includes developments under the Rome I Regulation affecting assignment issues, the UNIDROIT Convention 2009 in relation to tiered holdings and the Cape Town Convention's extensions made to coverage of asset-backed security over equipment. It also addresses the changes brought about by the abolition of Slavenburg registration. This edition contains relevant points from the Banking Act 2009 concerning its impact on security, such as the power to protect certain interests on a transfer of property, and also considers amendments regarding liquidators' expenses under the Insolvency Rules. The authors additionally deal with the role of step-in rights and why they are part of the statutory definition of project finance in the Enterprise Act. Previously published as The Law of Personal Property Security, this new edition brings together all of the law on this complex area, providing guidance in the context of commercial practice, especially with increased coverage of conflict of laws, priority, insolvency, and enforcement.