TY - JOUR
T1 - Registration of Company Charges Revisited
T2 - New and Familiar Problems
AU - Macpherson, Alisdair D J
N1 - I am grateful to Professor George Gretton, Dr Andrew Steven and the anonymous reviewer for their comments on earlier drafts of this article.
PY - 2019/5
Y1 - 2019/5
N2 - The law of registration of company charges is of considerable importance for corporate finance transactions throughout the UK. This article analyses the current regime that came into force on 6 April 2013. It examines various aspects of the regime, principally from a Scots law perspective, including what is meant by a “charge”, when charges are created, the extent to which unregistered charges are effective, and the rules regarding registration of charges over acquired property. The article demonstrates that, although the new regime is a general improvement on the previous one, there are a number of new and familiar problems concerning its applicability and operation in relation to Scots law. There are also some implications involving the uniformity of Scots law and English law in the area that arise from the fact that the regime is now UK-wide.
AB - The law of registration of company charges is of considerable importance for corporate finance transactions throughout the UK. This article analyses the current regime that came into force on 6 April 2013. It examines various aspects of the regime, principally from a Scots law perspective, including what is meant by a “charge”, when charges are created, the extent to which unregistered charges are effective, and the rules regarding registration of charges over acquired property. The article demonstrates that, although the new regime is a general improvement on the previous one, there are a number of new and familiar problems concerning its applicability and operation in relation to Scots law. There are also some implications involving the uniformity of Scots law and English law in the area that arise from the fact that the regime is now UK-wide.
KW - registration of charges
KW - rights in security
KW - corporate finance
KW - company law
UR - http://www.scopus.com/inward/record.url?scp=85067338471&partnerID=8YFLogxK
UR - http://www.mendeley.com/research/registration-company-charges-revisited-new-familiar-problems
U2 - 10.3366/elr.2019.0547
DO - 10.3366/elr.2019.0547
M3 - Article
VL - 23
SP - 153
EP - 176
JO - Edinburgh Law Review
JF - Edinburgh Law Review
SN - 1364-9809
IS - 2
ER -
