Film finance

This overview is a guide to the Banking & Finance content within the Film finance subtopic, with links to appropriate materials.

Film finance relates to the arrangement of funding which enables films to be made and deals with the security and repayment of such funds. Key considerations for any financier providing production finance will centre around ‘completion’ and ‘performance/repayment’ risks.

Underlying rights

In legal terms, a film is a bundle of assets, including:

  1. the copyright in the story

  2. the copyright in the film, sound recording, advertising and marketing material

  3. other IP rights, including trademarks and design rights

  4. choses in action in connection with the film, and

  5. the physical

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High Court clarifies position of sole directors under Model Articles and the interaction between UK sanctions regulations and in-court appointment of administrators (Re KRF Services (UK) Ltd and others)

Restructuring & Insolvency analysis: This High Court case (which addresses two important issues in UK company law and sanctions regulations) will be of interest to insolvency practitioners, corporate and restructuring lawyers, sanctions lawyers, and businesses and individuals which are affected by sanctions. Firstly, it clarifies the position of sole directors under the Model Articles for private limited companies. The court ruled that a sole director can validly pass board resolutions and bind the company, regardless of whether they have always been the sole director or were previously part of a multi-member board. This interpretation resolves conflicts between Article 7(2) and Article 11(2) of the Model Articles, with the court favouring Article 7(2)'s provisions. Secondly, the case examines the interaction between UK sanctions regulations and the in-court appointment of administrators. The court determined that making an administration application and order does not breach asset-freezing sanctions, even when the company is designated or controlled by a sanctioned person. While an Office of Financial Sanctions Implementation (OFSI) license is typically required for administrators to act, the court retains discretion to make immediate appointments in urgent situations. Written by Joshua Ray and Duncan Henderson, partners at CANDEY, which acted for the First and Second Applicants on this matter.

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