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She works in the corporate and commercial team, specialising in delivering a range of services that include restructuring and insolvency, security and banking documents, restructure options, asset and business sales, retention of title claims and wrongful trading.
Up until that stage and during transit, ensure that you have a 'Romalpa' clause in place, which allows retention of title in the goods in case of insolvency and non-payment.
causing and permitting the Company to sell its stock, trade name and non-current assets at an under value to the detriment of the Company creditors and acting in breach of his fiduciary duty by failing to ensure that there was a Retention of Title clause in the sales agreement between the Company and a connected company;
But, like many creditors, we knew there was a danger of this and we had retention of title, so we are not owed as much as we could have been.
With the rising number of insolvencies, the simple addition of a retention of title clause, which ensures that your products belong to you unless payment has been received, could also offer invaluable protection for your organization at negligible cost.
Check retention of title clauses to make sure they allow you to enter your customers' premises lawfully in order to remove your goods.
The topics will range from employment law to cash flow and retention of title issues.
In a BOT structure, this scenario could be carried further to include complete retention of title to the goods until final payment is received.