Registration of Company Charges

Examining and explaining the registration of company charges under Part 12 of the Companies Act 1985, this comprehensive guide 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.

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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 requirements and procedures 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" 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; and 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.
It also covers 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; and 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 all those who work in this field.