Förmånsrätt och Företagsinteckning : Konsekvenser av den nya lagstiftningen

by Abo Elnasr, Mohammed; Magnusson, Henrik; Sprycha, Magnus

Abstract (Summary)
Banks lends money to companies through so called floating charges, which are significant for Sweden. Assets, such as stocks, machines and customer claims are used as collateral. If a company went bankrupt, before the new priority right law was used, the bank was in favour to get the entire loan back. Now, after the law reform, the bank only can insist on getting 55% of the given security. Other creditors are now better prioritised than the banks. The purpose with the law reform is to minimize the unnecessery bankruptencies, for example suppliers that cannot handle the loss when a big customer goes bankrupt.The purpose of this thesis is to emphasize what expected consequenses the new law will have on the bank’s granting of credit to small and medium sized companies and how these effects will affect the companie’s credit support.To answer the purpose with this report a qualitative research was made involving interviews with banks. Further a quantitative research, consisting of a inquiry research, addressed to 250 production companies in the Jönköping region was made.The new priority right law brings several consequences affecting the relationship between banks and companies. Most of the consequences are negative for both banks and companies, as the majority of both parts believes that the banks will demand more securities in the future to ensure their loans. To solve this, new lending out forms, especially factoring and leasing, will be used.The result of this research shows that most of the purposes with the law reform will not be fulfilled. The largest positive expected effect of the change is that the suppliers will take a smaller damage when a customer goes bankrupt.
Bibliographical Information:


School:Högskolan i Jönköping

School Location:Sweden

Source Type:Master's Thesis

Keywords:floating charge repayment collateral granting of credit risk assessment priority right


Date of Publication:01/11/2007

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