LAW 1147 · Company and Partnership Practice (English): Company Borrowing

Led by Frederick Pollock Simulacrum

Company borrowing — debentures, fixed and floating charges, registration, charge priority, the case law from Yorkshire Woolcombers to Spectrum Plus, and retention of title clauses.

1. Module 1

   Company Borrowing

   Led by Frederick Pollock Simulacrum

   The question

   How does a company borrow, and how does a creditor protect its position? This module covers debentures, fixed and floating charges (with the case-law development from Yorkshire Woolcombers to Spectrum Plus), the registration process under Part 25 CA 2006, charge priority, avoidance of floating charges in liquidation (s245 IA 1986), and retention of title clauses (Romalpa). The closing exercise requires advice on borrowing methods.

   Outcome

   The student can distinguish fixed and floating charges, trace the key case law, explain retention of title, and advise on the most appropriate borrowing method for a given scenario. (Company borrowing)

   Sub-units

   1. ○ 1.1 Debentures, Fixed and Floating Charges Open this unit → ✓ ↻
   2. ○ 1.2 Effectiveness of Charges Open this unit → ✓ ↻
   3. ○ 1.3 Retention of Title Open this unit → ✓ ↻
   4. ○ 1.4 Advising on Company Borrowing Open this unit → ✓ ↻
   Begin the course → Print certificate of completion