Share Trading and the 'Clog' on the Equity of Redemption.

6 Pages Posted: 4 Jun 2015

See all articles by Lee Aitken

Lee Aitken

The University of Hong Kong - Faculty of Law

Date Written: 2009

Abstract

Lending on the security of shares has featured prominently in recent court cases. This article explores, in the light of recent authority, the position with respect to clogs on the equity of redemption and the broader question of how properly to characterise the transaction – is it a mortgage, an out and out transfer, or some form of bailment such as a classical mutuum? The last possibility has not been canvassed in the authority but would seem to be the most appropriate description of what occurs – what consequences would flow from such a characterisation?

JEL Classification: k00

Suggested Citation

Aitken, Lee, Share Trading and the 'Clog' on the Equity of Redemption. (2009). Australian Law Journal, 83 237-241, 2009; University of Queensland TC Beirne School of Law Research Paper No. 15-47. Available at SSRN: https://ssrn.com/abstract=2611476

Lee Aitken (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01235

Register to save articles to
your library

Register

Paper statistics

Downloads
41
Abstract Views
339
PlumX Metrics