This comprehensive guide examines and explains the registration of company charges under Part 12 of the Companies Act 1985. It clearly sets out the objectives and background of the company charges registration system, and explains in a practical way the the requirements and procedure for registration. The work helps you distinguish charges which require registration and those which do not, and 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 considers weaknesses in the registration regime and the inadequacies of the priority rules. Fully updated since the first edition, Registration of Company Charges also covers: the distinction between registrable charge and functionally equivalent legal devices such as the absolute assignment of receivables and reservation of title clauses in sale of goods contracts; the consequences of non-registration; the registration requirements for oversea companies who have an established place of business in England and Wales significant case law over the past decade, including extensive analysis of the recent major House of Lords and Privy; Council decisions of Re BCCI (No 8), Re Brumark Ltd and Re Leyland Daf Ltd: Buchler v Talbot which have had major impacts on the law; the impact of the recent legislative initiatives such as the Enterprise Act 2002, the Financial Collateral Regulations 2003 and the EC directives on Financial Collateral and Late Payments in Commercial Transactions; the Company Law Review Steering Group and Law Commission proposals for reform of the law relating to security interests including company charges. Registration of Company Charges is the only book available to provide such detailed coverage of this area of law, and will be an invaluable reference for company law solicitors, company secretaries and administrators, insolvency practitioners and banking and financial solicitors. It will also be of interest to academics and students, civil servants, and governmental departments.
Registration of Company Charges