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Vol 23 No 5 May/June 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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Registration of Company Charges 3rd ed

ISBN13: 9781846611902
Previous Edition ISBN: 0853089817
Published: November 2009
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Hardback
Price: £119.99

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Registration of Company Charges is a comprehensive guide to the charges registration system under Part 25 of the 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 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, this new edition is timed to coincide with the implementation of relevant provisions of the 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 1st October 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
  • Full consideration of the new regime for the registration of charges created by foreign-registered companies including the replacement of the Slavenburg register
  • 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 Law, Courts and Procedure
The nature of security interests
The objective of the company charges registration system
Charges requiring registration
Charges and consensual security rights not requiring registration
Registration of charges and reservation of title clauses
Mechanics of registration
Registration and priorities
Company charge registration and overseas companies