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Article: Constructive Notice and Company Charges

TitleConstructive Notice and Company Charges
Authors
Issue Date2010
PublisherHart Publishing Ltd. The Journal's web site is located at http://www.hartjournals.co.uk/jcls/
Citation
The Journal of Corporate Law Studies, 2010, v. 10 n. 1, p. 265-278 How to Cite?
AbstractThe law relating to the registration and priorities of charges has generated much confusion over the years. One of the purported objectives of a registration system is to provide certainty to lenders, yet it is by no means clear that this objective is entirely satisfied at present. While this article considers the law in relation to the registration and priorities of charges in Hong Kong, the discussion may be of interest to those examining the English rules in the area, as the two regimes are similar to a large extent. This article will consider some problematic areas that have arisen in relation to constructive notice of the contents of company charges and then argue that the recent law reform proposals in Hong Kong may not go far enough to address these problems. Finally, suggestions will be made on how the system for the registration of company charges may be reformed to adequately address these problems.
Persistent Identifierhttp://hdl.handle.net/10722/124797
ISSN
2015 SCImago Journal Rankings: 0.265

 

DC FieldValueLanguage
dc.contributor.authorYap, JLen_HK
dc.date.accessioned2010-10-31T10:54:41Z-
dc.date.available2010-10-31T10:54:41Z-
dc.date.issued2010en_HK
dc.identifier.citationThe Journal of Corporate Law Studies, 2010, v. 10 n. 1, p. 265-278en_HK
dc.identifier.issn1473-5970-
dc.identifier.urihttp://hdl.handle.net/10722/124797-
dc.description.abstractThe law relating to the registration and priorities of charges has generated much confusion over the years. One of the purported objectives of a registration system is to provide certainty to lenders, yet it is by no means clear that this objective is entirely satisfied at present. While this article considers the law in relation to the registration and priorities of charges in Hong Kong, the discussion may be of interest to those examining the English rules in the area, as the two regimes are similar to a large extent. This article will consider some problematic areas that have arisen in relation to constructive notice of the contents of company charges and then argue that the recent law reform proposals in Hong Kong may not go far enough to address these problems. Finally, suggestions will be made on how the system for the registration of company charges may be reformed to adequately address these problems.-
dc.languageengen_HK
dc.publisherHart Publishing Ltd. The Journal's web site is located at http://www.hartjournals.co.uk/jcls/-
dc.relation.ispartofThe Journal of Corporate Law Studiesen_HK
dc.titleConstructive Notice and Company Chargesen_HK
dc.typeArticleen_HK
dc.identifier.emailYap, JL: jilyap@hku.hken_HK
dc.identifier.authorityYap, JL=rp01273en_HK
dc.identifier.hkuros171635en_HK
dc.identifier.volume10-
dc.identifier.issue1-
dc.identifier.spage265-
dc.identifier.epage278-
dc.publisher.placeUnited Kingdom-

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