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FL08 - Title Based Finance

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FL08 - Title Based Finance

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  • January 15, 2016
  • 11
  • 2015/2016
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FL08 – Title Based Finance & Repo Financing 20/11/15
Prof. Michael Shillig

TITLE BASED FINANCE AND REPO FINANCING

OVERVIEW
 Title based finance vs security interest
 The basics – retention of title
 Receivables financing
 Repo financing

TITLE BASED FINANCE VS SECURITY INTEREST
 Distinction between title based finance and security interest goes back to
distinction between loan credit and sales credit
 Loan credit = payment of money from creditor to debtor, subject to
repayment with interest
o E.g. term loans, debt securities
o Interest rate structure  account for risk of default
 Vehicle to generate profit for creditor
o Long term  e.g. term loans, bonds, etc.
o High value  in relation to overall value of debtor’s business
 Sales credit = deferral of payment of sales price for particular assets
o Short term  until creditor has paid for particular asset
o Low value with focus on particular assets, compared to overall value
of debtor’s business
o Interest rate is not important in generating profit for seller, because
profit is through sales price  seller would rather be paid outright
instead of receiving interest
 Interest rate not essential
 Loan credit vs sales credit
o Secured in different ways
o Loan Credit Protection: Security interest proper
 E.g. mortgages, fixed and floating charges
 Strict formalities upon creation and enforcement
 Registration requirements
 Mandatory risk-and-reward structure  equity of redemption
that debtor can always get property back by paying loan back
o Sales Credit Protection: Based on title (ownership)
 No formalities other than transfer of ownership
 No mandatory enforcement rules  just seizing and dealing
with property
 Risk-and-reward structure subject to party autonomy
 No equity of redemption  parties are free to deal with
any overvalue
 Enormous flexibility  lack of formalities upon creation
and upon enforcement
o Incentive to use title based finance to
traditionally secure sales credit, but also
sometimes loan credit
 Problem of ostensible ownership  no one can see this
interests in title, since no registration, etc.
o Title based funding as a cheaper alternative for loan credit?
 Debtor selling asset to creditor at a discount and
repurchasing it

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