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Commercial Law

Commercial Law (3rd edn)

Eric Baskind, Greg Osborne, and Lee Roach
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date: 03 October 2022

p. 72326. Forms of title-based financinglocked

p. 72326. Forms of title-based financinglocked

  • Eric Baskind, Eric BaskindSenior Lecturer in Law, Liverpool John Moores University
  • Greg OsborneGreg OsborneFormerly Senior Lecturer in Law, University of Portsmouth
  •  and Lee RoachLee RoachSenior Lecturer in Law, University of Portsmouth

Abstract

This chapter examines the ways in which goods and things in action can be dealt with to facilitate the financing of business. It begins with a brief survey of the financing mechanisms available to businesses and proceeds to discuss receivables financing, whereby a succession of debts owed to a business can either be sold outright or subjected to a security interest in favour of a financier, focusing specifically on outright sale. The chapter also discusses how the fact that title to an asset can be split between an ‘owner’ and a person with physical possession of it can be used to advantage in providing flexibility and tax advantages in financing the acquisition of capital items for use in a business.

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