Home
→ See also: Netting and Set-off (law) Secured lending
deratj
See also: Netting and Set-off (law) Secured lending
https://platformbedframeuiy.blogspot.com/2013/11/see-also-netting-and-set-off-law.html
Sabtu, 30 November 2013
The general principle, according to the Mellish LJ in Re Jeavons, ex parte Mackay[38] is that "a person cannot make it a part o...
5
See also: Netting and Set-off (law) Secured lending
The general principle, according to the Mellish LJ in Re Jeavons, ex parte Mackay[38] is that "a person cannot make it a part of his contract that, in the event of bankruptcy, he is then to get some additional advantage which prevents the property being distributed under the bankruptcy laws." So in that case, Jeavons made a contract to give Brown & Co an armour plates patent, and in return Jeavons would get royalties. Jeavons also got a loan from Brown & Co. They agreed half the royalties would pay off the loan, but if Jeavons went insolvent, Brown & Co would not have to pay any royalties. The Court of Appeal held half the royalties would still need to be paid, because this was a special right for Brown & Co that only arose upon insolvency.
In a case where a creditor is owed money by an insolvent company, but also the creditor itself owes a sum to the company, Forster v Wilson[39] held that the creditor may set-off the debt, and only needs to pay the difference. The creditor does not have to pay all its debts to the company, and then wait with other unsecured creditors for an unlikely repayment.
However, this depends on the sums for set-off actually being in the creditors' possession. In British Eagle International Air Lines Ltd v Compaigne Nationale Air France,[40] a group of airlines, through the International Air Transport Association had a netting system to deal with all the expenses they incurred to one another efficiently. All paid into a common fund, and then at the end of each month, the sums were settled at once. British Eagle went insolvent and was a debtor overall to the scheme, but Air France owed it money. Air France claimed it should not have to pay British Eagle, was bound to pay into the netting scheme, and have the sums cleared there. The House of Lords said this would have the effect of evading the insolvency regime. It did not matter that the dominant purpose of the IATA scheme was for good business reasons. It was nevertheless void.
Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services Ltd and Lehman Brothers Special Financing Inc observed that the general principle consists of two subrules — the anti-deprivation rule (formerly known as "fraud upon the bankruptcy law") and the pari passu rule, which are addressed to different mischiefs — and held that, in borderline cases, a commercially sensible transaction entered into in good faith should not be held to infringe the first rule.
All these anti-avoidance rules are, however, subject to the very large exception that creditors remain able to jump up the priority queue, through the creation of a security interest.
See also: Netting and Set-off (law)
Secured lending
Main articles: UK banking law, Banking law, and Security interest
The Bank of England (est 1694) is the lender to all other banks, at an interest rate set by the Monetary Policy Committee under the Bank of England Act 1998. When lending on money to businesses at a higher interest rate, banks will contract for fixed and floating charges to decrease their risk and stabilise profits.
Langganan:
Posting Komentar (Atom)
BESTSELLER
-
Bianca White Modern Bed With Tufted Headboard (queen Size) Baxton Studios - BBT6203-White-Bed Wholesale Interiors With a beautifully-crafted...
-
Atlantic Urban Lifestyle Mission Platform Bed, Queen Shop for Beds from Hayneedle.com! Update your sleeping decor with the Urban Lifestyle ...
-
KD Frames Charleston Twin Bed with Trundle Bed Price includes our Charleston Platform Bed with rolling trundle bed. Sale Online platform b...
-
Alpine Furniture Del Mar Storage Platform Bed 688-0 Size: Queen Alpine Furniture Features: -Come with complete set of slats, no box spring r...
-
Atlantic Urban Lifestyle Madison Platform Bed Shop for Beds from Hayneedle.com! Dress up your bedroom with the clean style of the Urban Lif...
-
Walnut Street Morgan Platform Bed - White, Twin Shop for Beds from Hayneedle.com! The Morgan Platform Bed White has a timeless look that pa...
-
Atlantic Concord Storage Platform Bed - Size: Full, Finish: Antique Walnut FY2819: Features: -Two height adjustable setting. -Can add under ...
-
South Shore Studio Platform Bed Set, Queen - Bed Only Shop for Sets and Collections from Hayneedle.com! Contemporary themes get a tradition...
-
Windsor I Platform Bed, Queen Shop for Beds from Hayneedle.com! For Sale platform bed frame Bed Type : Box SpringsPlatform Beds Mattress T...
-
Fashion Bed Group Java Mahogany Platform Bed- Queen The Java bed is for those who want a clean, contemporary look. Sale Online platform be...
Tidak ada komentar:
Posting Komentar