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ARTICLE · 27 JANUARY 2020

Fixed And Floating Charges And Why It Matters

There are three basic types of security that can be created under English law.

TurkeyFinance and Banking
Kavlak Law Firm
Kavlak Law Firm

1.1 SECURITY

There are three basic types of security that can be created under English law:

  • Pledge.
  • Charge.
  • Mortgage.

1.1.1 What is a charge?

For practical reasons, most lenders will not want to take possession of a debtor's assets and a debtor will not want to lose control of its assets, especially if they are used in the day-to-day running of its business. Accordingly, a lender will want to take security by obtaining rights over, but not necessarily possession of, specific assets of the debtor as security for the loan.

The term "charge" is often used by practitioners as a generic term for all types of security interest, but essentially represents an agreement between a creditor (chargee) and a debtor (chargor) by which a particular asset is appropriated by the chargee to the satisfaction of a debt owed to the chargor. A charge can be thought of as an encumbrance over an asset. It confers on the chargee an equitable proprietary interest in the

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