• Floating Charge
    An issue of distinguishing a fixed and a floating charge has considerable significance particularly for the parties involved in commercial relationships. It follows from the fact that under English law a fixed charge has a priority over a floating charge that means the former will prevail over the latter...
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  • debenture
    There are two types of security—fixed charges and floating charges. A fixed charge is a charge over a specific identifiable asset or property. A floating charge is a charge over a fluctuating class of assets which are used in the ordinary course of business. Both charges are subject to registration and...
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  • Nokia
    is possible for some debentures to be unsecured, those given to the bank will usually incorporate a fixed and / or a floating charge over the company's assets. 15.2 FIXED CHARGE This is a charge which immediately encumbers specific assets of the company. Accordingly, the chargee's (bank) consent...
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  • Company Law Exam with Answers
    opinion in a fiduciary position they have in their hands the molding and creation of a company” - Exceptions to the rule in Salomon v Salomon constitute what is called “lifting of the veil” of incorporation. The decision in Salomon v Salomon established that when a registered company is incorporated it becomes...
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  • Pari Passu
    nature of pari passu principle – Group of airlines who work together to ensure that seats are full, various debts and liabilities arise between the airlines – this was what happened here, and the airlines devised a scheme with International Air Traffic Association – instead of the airlines dealing with each...
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  • Company Law
    MunnaBhai, a businessman from India, is a cautious investor. He wishes to purchase shares in Singapore’s public listed companies that could yield him fixed returns on a stipulated time frame. He is seeking advice on the types of shares issued by these companies and the means of attaining them. Public...
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  • Mortgage
    Mortgages, charges and taking security 23.1 INTRODUCTION This chapter analyses the use of mortgages and charges to take security in commercial transactions. A range of equitable doctrines, from floating charges to equitable mortgages, is analysed. Unlike trusts, which split title between the legal...
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  • Personalty and Security
    security 4 1.2 Reasons for taking security 4 Saloman v A Saloman & Co [1897] AC 22, per Lord Macnaghten 4 Re Lind [1915] 2 Ch 345 4 1.3 What happens during insolvency? 5 1.3.1 Cases on PP Rule AD Rule 6 Re Jeavons, ex p Mackay (1873) LR 8 Ch App 643 6 *British Eagle v Cie Nationale...
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  • bank 301
    planning period. It is considering issuing commercial bills or promissory notes. (a) What is a promissory note? Identify and briefly explain the roles of the parties to a P-note issue. (b) What are the main differences between P-notes and commercial bills of exchange? A promissory note, which typically...
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  • Student
    rabobank needs floating rate financing, and B.F. needs fixed rate financing, they will do the opposite. * RB will go in fixed and BF will go in floating, then they will do a swap * In the international markets, this explains why trade happens * Each company borrows what they have a comparative...
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  • euro curency market
    Euro deposits: Nature of Euro deposits They are primarily conventional short term deposits (30 days or 90 days). Interest rates on such deposits are fixed. Term is short. They are non-negotiable (unless specified). Interest rates fluctuates in response to demand & supply pressures. Can be made in currencies...
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  • debenture & bonds
    is a valid debenture. 4. It is one of a series of like debentures. But a single debenture may be issued to one man. 5. It provides for the payment fixed sum with interest of a specified rate by a specified time. But this is not essential because a company may issue perpetual debentures. Section 120 of...
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  • Company Law
    Q1a) What are the main aims of an Administration Order? Administration is the process by which a person, is appointed under the Insolvency Act 1986 (as amended by the EA) to manage a company's affairs, business and property. A person can only be appointed the role of administrator by: -an administration...
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  • Study
     Company Law paper: Q.1 a) What is the difference between company limited by shares and limited byguarantee? (02) b) Whether a trading corporation owned and control by a Province and carryingon business within the Province only, is subject to the provisions of theCompanies Ordinance, 1984? (02) ...
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  • Finance
    for small and medium-size entities Sources of, and raising short-term finance What are the sources of short-term finance available to businesses?     Overdrafts Short-term loans Trade credit Lease finance What are short-term finances usually needed for? Short-term finance is usually needed...
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  • Student
    office by an ordinary resolution. This is allowed even if it is contrary to the memorandum or articles or even in existence of a separate agreement between the director and the company. 4. See Tuan Ishak bin Ismail &Ors v Leong Hup Holding & other appeal 5. In Solaiappan v Lim Yoke Fan...
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  • Lae (Section)
    Bros & Co Ltd Interest of shareholders measured by money for the purpose of liability, interest And series of covenant between shareholders in accordance with articles Sec 18 – ~ can be dealt similar to other prop ~ can be inherited ...
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  • international trade
    Chapter 9 International Trade & Exchange rate What You will Learn in this Chapter Study the theory of Comparative Advantage Differentiate between Terms of Trade and Balance of payments Explain Exchange Rate Determination Describe the Concepts closely related to exchange rate of exchange ...
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  • Haha
    securities, we will focus on charges & guarantees Issues: 1) Guarantees: Can be issued by Felix/FBBA Pte Ltd * Consideration General rule; must flow from the promisee but not necessarily to the promisor * Past consideration is NOT good consideration * What is OB giving in exchange...
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  • Finance chapter answers
    a borrower who has a loan which requires monthly repayments may be different from that of a borrower who makes quarterly loan repayments. Also differences may occur for an amortised loan compared with an interest-only loan. Question 2: A term loan agreement will usually specify an indicator rate....
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