Part A---

A fixed charge over book debts and receivables is always at risk of being recharacterized as either (i) a true sale or (ii) a floating charge. The hallmark in determination of a fixed charge over these types of properties, is the element of control. Critically discuss this, and what are the consequences of a charge being recharacterized as a floating charge and how did Re Spectrum Plus change the landscape? (15 marks)Bank A which has made a term loan ofHK$10,000,000 to Borrower B, would like to dispose of this risk from its balance sheet as it has concerns about the ongoing viability of Borrower B's business. Explain how Bank A can achieve this. Discuss and compare three conventional methods of removing or selling loan assets. (15 marks)