(Ma2) (Live Presentation and Webinar) Lending and Securities

Date:  28 October 2023 (Saturday)  Time: 9:30am-12:45pm   Language: English  Level: Elementary

Speaker:         Dr. Rita Cheung, MCAL Solicitors LLP

Lawyer CPD / ACCA CPD / SFC CPT / Insurers’ CPD Pts: 3     Fee: HK$1,790

This seminar focuses on secured lending to corporate debtors. English law has deployed a plethora of ‘true’ consensual security interest: mortgage (legal and equitable), charge (fixed and floating), pledge, the contractual lien. What do we mean by ‘security’? It examines the registration regime under the Companies Ordinance. It also touches on quasi-security, with a particular focus on retention of title clauses. This seminar outlines the rule against reflective loss. The Supreme Court has fundamentally reconceived the rule against reflective loss in Carlos Sevilleja Garcia v Marex Financial Limited [2020] UKSC 31 by carefully confining the rule to company shareholders, lifting the bars to creditors.

  1. Possessory security – pledge and lien; 2. Non-possessory security – mortgage and charge; 3. Registration of company charges; 4. Priority
  2. Quasi-security: retention of title clause.; PST Energy 7 Shipping LLC v OW Bunker Malta Ltd (The ‘Res Cogitans’) [2016] UKSC 23, [2016] AC 1034 which adds bone to the flesh of the modern analysis of retention of title clause
  3. The rule against reflective loss
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Rita Cheung
Dr. Rita Cheung L.L.B., P.C.L.L. (HKU); L.L.M, Ph.D. (King’s College Lond.). She obtained her Ph.D. in Law on the topic of minority shareholders’ rights from King’s College London. She was called to the Bar in 2006, and taught Law upon obtaining her doctorate degree. She writes in the field of company law in refereed journals including Cambridge Law Journal, Lloyd’s Maritime and Commercial Law Quarterly, and Journal of Business Law. She has been regularly invited to speak at international conferences on money laundering and corporate crime. She is a member of the editorial board of the Journal of Financial Crime.