Shipping finance

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

What is shipping finance?

In simple terms, shipping finance transactions (a form of asset finance) involve a lender providing funding to a borrower for the purchase of a vessel (which is either a new-build vessel under construction or a vessel that already exists and which is being purchased by the borrower as a second hand vessel) or to refinance existing indebtedness already in place in respect of a vessel. The lender will look to put itself in the best possible position both in respect of the initial security position following the provision of finance and then in the subsequent operation of the vessel. The term is not used to refer to the financing of shipping businesses or operations (other than the acquisition or refinancing of a vessel).

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Standard form documents in relation to shipbuilding contracts have developed globally, such as the SAJ (the Shipbuilders' Association of Japan) and BIMCO (the Baltic and International Maritime Council) NEWBUILDCON, which are the main forms used in the market. The main

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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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