The Court of Appeal recently addressed this issue in 

Smart Edge Limited (Receivers and Managers Appointed) v HG Property Investment HK Limited

The dispute arose from a failed transaction in respect of the Goldin Financial Global Centre (the Property). HG Property Investment (the Defendant) entered into an agreement (the Agreement) with the shareholders of Smart Edge Limited (the Plaintiff) to purchase the company’s shares and loans. Following termination of the agreement, the Defendant commenced proceedings and attempted to register the agreement and writ against the Property on the Land Register, claiming they created a registrable interest in land.

Dismissing the appeal, the Court of Appeal held that the instruments were not registrable:

 and James Wood, instructed by Weil, Gotshal & Manges, acted for the Plaintiff.

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Can an agreement to purchase the shares of a company be registered against the title of a property owned by that company?

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