Legal aspects of receivables financing

Law of the United Kingdom and Ireland > England and Wales > KD1740

Edition Details

Creator or Attribution (Responsibility): Fidelis Oditah
Language: English
Jurisdiction(s): England
Publication Information: London : Sweet & Maxwell, 1991
Type: Book
Permalink: https://books.lawi.org.uk/legal-aspects-of-receivables-financing/ (Stable identifier)

Short Description

Xlv, 279 pages ; 26 cm

Purpose and Intended Audience

Useful for students learning an area of law, Legal aspects of receivables financing is also useful for lawyers seeking to apply the law to issues arising in practice.

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Bibliographic information

Publisher: Sweet & Maxwell
Responsable Person: by Fidelis Oditah.
Publication Date: 1991
Country/State: England
Number of Editions: 14 editions
First edition Date: 1989
Last edition Date: 2005
General Notes: Includes index.
Languages: English
Library of Congress Code: KD1740
Dewey Code: 344.10674
ISBN: 0421438606 9780421438606
OCLC: 22707621

Main Contents

Part 1 Concepts and definitions: the uncertain anatomy of security interests; quasi-security interests; the need for security; a general theory of secured financing?. Part 2 Main financing techniques over receivables: meaning of receivables; future, potential and contingent receivables; receivables as property rights; techniques of financing against receivables; distinction between sale and security assignments of receivables; considerations affecting the choice of financing technique. Part 3 Discounting of receivables: legal framework of discounting; the security of the discounter; problems of discounting receivables; the future of discounting. Part 4 Financing by outright assignment: mercantile or financing transaction?; the financing aspect; the analogy of production payments; assignments of a fixed sum; assignment of work in progress. Part 5 Security interests over receivables: general; pledge; contractual liens; attornment; reservation of title to proceeds of sale; charge and mortgage; cross-over security over receivables; security over cash deposit; forms and effect of mortgage on receivables; floating charge over receivables; crystallization of floating charges and priorities; partial crystallization; lightweight floating charges; registration of charges. Part 6 Priorities: the general rule; priority of successive equitable assignees; Dearle v. Hall and assignees of expectant receivables; the limits of Dearle v. Hall; the poverty of Dearle v. Hall; garnishee and stop orders; tracing creditors and the receivable financier; equitable versus legal assignments; landlords and the receivables financier; cross-over security and the purchase-money lender; appropriation and tackling of further advances; waiver, subordination and priority agreements; circular priority problems; the impact of registration of charges on priorities. Part 7 Challenge to enforcement of security: general challenge; conditions precedent to enforcement; manner of enforcement; insolvency-related challenge; avoiding powers; who benefits from avoiding powers?. Part 8 Equities affecting assigned receivables: financier takes subject to “equities”; temporal aspect of “equities”; debtor’s right to modify or rescind underlying contract; security assignments and the debtor’s equities; insolvency proceedings and the debtor’s equities; unassignable contract rights.

Summary Note

This text aims to provide information on the legal aspects of receivables financing. Examining the concepts and definitions of the topic, the author discusses the various financing techniques available, discounting, security interests and the role of equities.

Legal aspects of receivables financing

Legal aspects of receivables financing