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Company Charges - Registration & Security

"Excellent detail and aimed at the right level"

Company charges provide security in return for a loan or as security for a debt and can be created over almost all types of property.

Part 25 of the Companies Act 2006, which came into force on 1 October 2009, requires most types of charges to be registered to ensure validity, in the event of the company creating the charge going into liquidation.

The course looks at the case law and new statutory provisions in order to provide the legal background to and issues concerning the nature of company charges and the registration regime as well as the principles for determining priorities between competing security interests in the same property.

Main points covered:

• The distinction between fixed and floating charges following ‘Spectrum’. The continuing uncertainty in structured financing arrangements. Could the character of the charge be changed by post contract conduct of one party?
• The new regime for charges created by overseas companies
• The objectives and background of the company charges registration system
• The difference between those charges requiring registration and those not. Is there a difference between a charge and an absolute assignment of receivables or retention of title clauses? What are the consequences of non-registration?
• The mechanisms of the registration system - In particular who does what!
• The complex interaction of law governing registration of charges and priorities between competing charges over the same property. The problems the solutions!
• The weaknesses in the registration regime, the gaps in the system and the inadequacies of the priority rules
• Full coverage of the significant case law in particular the recent House of Lords and Privy Council decisions such as Re Spectrum Plus Ltd; Re BCCI (No 8); Re Brumark Ltd and Re Leyland Daf Ltd which have had major impacts on the law
• Possible further legislative changes

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SPEAKER(S) BIOGRAPHY

DATES & COSTS

New dates for this event are currently being finalised. Please contact us to register your interest in this seminar, and details will be dispatched to you as soon as they become available.

COURSE ACCREDITATION

This seminar has been approved for 3 CPD hours by The Solicitors Regulation Authority (REF: CVX/MBLS)
This seminar has been approved for 3 CPD hours by The Institute of Legal Executives (REF: CVXMBL)
This seminar has been approved for 3 CPD hours by The Institute of Paralegals

IN-HOUSE TRAINING

All our courses are available on an in-house basis. To discuss your requirements, please call us on 0161 793 0984, email inhouse@mblseminars.co.uk or fax us on 0161 728 8139.

BOOKING INFORMATION

The MBL Season ticket entitles you to up to 50% off the normal cost of our seminars. For details on how to register as a Season Ticket holder click here

TO BOOK ONLINE CLICK HERE

To book your places over the phone call 0161 793 0984

To book by fax contact us on 0161 728 8139

Alternatively you can write to:

MBL Seminars Limited, Denning House, 1 Hazelhurst Road, Worsley, Manchester, England, M28 2SX

Accredited for CPD purposes by the Solicitors Regulation Authority, the Bar Standards Board, the Institute of Paralegals, the Institute of Legal Executives, the Council for Licensed Conveyancers, the Institute of Professional Willwriters and the Pensions Management Institute.

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