Trusts as quasi-securities ? the Law Commission's proposals for the registration of security interests.

Abstract

Discusses how the Law Commission's proposals in the consultation paper Registration of Security Interests may affect trusts, considering whether express declarations of trust and Quistclose trusts in favour of creditors should be registered. Compares Quistclose trusts with fixed and floating charges and retention of title clauses, considering the commercial case to exclude Quistclose trusts from the regime of registration.