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Floating charge

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201: 882:"A floating security is an equitable charge on the assets for the time being of a going concern. It attaches to the subject charged in the varying condition in which it happens to be from time to time. It is the essence of such a charge that it remains dormant until the undertaking ceases to be a going concern, or until the person in whose favour the charge is created intervenes. His right to intervene may of course be suspended by agreement. But if there is no agreement for suspension, he may exercise his right whenever he pleases after default." 1036:, the floating charge had another key benefit. The holder of a floating charge could appoint an administrative receiver and block the appointment of a court-appointed administrator, and thus retain control of the distribution of the assets of the company. Practice became such that companies were asked to give "lightweight" floating charges to secured lenders which had no collateral value purely to allow the holders to block administration orders, an approach that was approved by the courts in 22: 122: 63: 1085:
crystallisation provisions have been upheld in New Zealand but there are judicial comments suggesting they may not be recognised as effective in Canada. In the United Kingdom there is some inferential support for the validity of automatic crystallisation provisions, but they have never been subject to full judicial consideration.
1265:. However, creditors' lawyers gradually developed an diverse variety of methods, some authorized by state legislatures and others tolerated by state courts, to evade the general ban on security interests in future property. As it had become clear that creditors and debtors were going to find ways to create enforceable 1148:
when the House of Lords confirmed that a charge over book debts could be a fixed charge, provided that the secured creditor exhibited the necessary degree of control over the proceeds of the book debts. This would normally require that they either be paid into a blocked account, or that they be paid
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For such a catastrophe as has occurred in this case some would blame the law that allows the creation of a floating charge. But a floating charge is too convenient a form of security to be lightly abolished. I have long thought, and I believe some of your Lordships also think, that the ordinary trade
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The U.S. never adopted the floating charge directly because at the time it was developing in England in the 19th century, U.S. courts generally held that a debtor simply could not create a security interest in future property; general creditors ought to have a pool of unencumbered assets to look to;
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Because of the potential for abuse of a security interest that catches all of a company's assets, many jurisdictions have enacted provisions in their insolvency legislation providing that a floating charge granted shortly prior to the company going into liquidation will be invalid, or invalid to the
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Broadly speaking, holding a floating charge gives the secured creditor two key remedies in the event of non-payment of the secured debt by the company. Firstly, the secured creditor can crystallise the charge, and then sell off any assets that the charge then attaches to as if the charge was a fixed
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as being effective to create a security interest over that property automatically upon its acquisition. This decision lead to "a further manifestation of the English genius for harnessing the most abstract conceptions to the service of commerce." Documents came to be drafted that purported to grant
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As most secured lenders will not usually have recourse to their security until the debtor company is in a parlous financial state, the usual position is that even all the remaining assets of the company are not enough to repay the debt secured by the floating charge, leaving the unsecured creditors
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UKHL 41. The essential test of whether a charge was a fixed charge related to the chargor's power to continue to deal with the asset. In order to preserve the status of a charge as a fixed one, the bank must exercise actual control over disposal of the asset. If the chargor is able to deal with the
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The floating mortgage can be specific or general with respect to immovables and movables, separately or together. The mortgage is not perfected until it crystallises. Crystallisation occurs upon default of the mortgagor and registration of a notice of default, and the mortgage ranks from the date
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Alternatively, the floating chargee may have an inchoate type of proprietary interest, with characteristics that are proprietary but of a lesser order than the proprietary interest of a chargee with a fixed charge. Some authors have suggested that there is an interest in a fund of assets, but the
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Because of the differences in priority of fixed charges and floating charges, security documents came to be drafted to contain as many charges expressed to be fixed charges as possible, and leave as little as possible covered by the floating charge, where it would have secondary priority to the
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In certain countries, notably Australia and New Zealand, it was for a time very common to include "automatic crystallisation" provisions which would provide that the floating charge would crystallise upon an event of default automatically and without action from the chargee. Automatic
896:"...a floating charge is ambulatory and shifting in nature, hovering over and so to speak floating with the property which it is intended to affect until some event occurs or some act is done which causes it to settle and fasten on the subject of the charge within its reach and grasp." 1717:
1 Ch 954: "...I think there can be no question at all that according to ordinary principles the winding up puts an end to the period of suspension; and the reason that it does that is that the effect of the winding up is to put an end to the floating nature of the security" at
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and is a lien that expanded to cover any additional property that is acquired by the lienee while the debt is outstanding. A critical difference between the floating charge and the floating lien is that UCC security interests, including floating liens, can be granted by
1829:(1885) 29 Ch D 715; because the disposition by the chargor (in creating the mortgage or fixed charge) is permitted by the concept of the floating charge, the grant of a mortgage or charge takes the relevant asset out of the pool of assets caught by the floating charge. 814:
security over all of the debtor's present and future property, but by contract expressly permitted the debtor to dispose of those assets, free from the charge, until such times as the debtor's business ceased. This charge came to be known as the "floating charge".
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Strictly speaking, it is not possible to enforce a floating charge at all - the charge must first crystallise into a fixed charge. In the absence of any special provisions in the relevant document, a floating charge crystallises either upon the appointment of a
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The floating charge cannot normally be enforced until it has crystallised (and thus, effectively, become a fixed charge) and so most statutes provide that the priority of a fixed charge that was created as a floating charge is treated as a floating charge.
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perspective, the security will cover each and every asset of the chargor. From the charger's perspective, although all of their assets are encumbered, because the security "floats", they remain free to deal with the assets and dispose of them in the
940:"the asset subject to the charge is not finally appropriated as a security for the payment of the debt until the occurrence of some future event. In the meantime the chargor is left free to use the charged asset and to remove it from the security." 799:
The floating charge has been described as "one of equity's most brilliant creations." They are legal devices created entirely by lawyers in private practice; there is no legislation or judicial decision that was the genesis of a floating charge.
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Besides the class of assets secured, the civilian commercial pledge differs from a floating charge in that fixed assets are not always changing, and the creditor ranks prior to all secured and unsecured claims. Commercial pledges exist in
757:) in the ordinary course of business leads to automatic crystallisation. Additionally, security documents will usually include express terms that a default by the person granting the security will trigger crystallisation. 790:
of any asset covered by them. In practice, as the charger has power to dispose of assets subject to a floating charge, so this is only of consequence in relation to disposals that occur after the charge has crystallised.
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directly to the secured creditor. Any lesser degree of control was not consistent with a fixed charge, and such charges would be construed as floating charges, regardless of what label the parties had given them.
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asset, such as by drawing from the account in which charged funds are kept, or into which the proceeds of trade receivables are deposited, then the holder of the charge does not have effective control. They said:
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creditors of a trading company ought to have a preferential claim on the assets in liquidation in respect of debts incurred within a certain limited time before the winding-up. But that is not the law at present.
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clearly stating in that case that he did not intend to give a definition of the term floating charge, his description is generally cited as the most authoritative definition of what a floating charge is:
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Several authors have suggested that the floating chargee, prior to crystallisation, may have no proprietary interest at all in the charged assets. However, this is inconsistent with cases (such as
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with nothing. This perception has led to a widening of the classes of preferred creditors who take ahead of the floating charge holders in a number of countries. The introduction of a regime of
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1 Ch 576 Buckley J observed that great mischief arose from the very nature of the floating charge as few of general unsecured trade creditors of the company would even be aware of its existence.
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them; otherwise they may be unenforceable on the bankruptcy of the debtor. This registration requirement has often led to other property rights (such as rights under a defective
1134:. A number of judicial decisions gave conflicting interpretations over the characteristics that were definitive of a fixed charge, particularly with reference to charges over 1225:
In many jurisdictions, because of their dramatic effect on the availability of assets to unsecured creditors on an insolvency, floating charges are required to be registered.
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kind of debtor, including individuals or partnerships (and will thus have priority in bankruptcy), whereas the floating charge can be granted only by corporate entities.
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held that the effect of the document was that the secured creditor could not interfere with the running of the business and its dealings with its own assets until the
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of the company, but the occurrence of that event entitled the secured creditor to realise its security over the assets and to assert its charge in priority to the
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to take over the management and control of the business with a view to discharging the debt out of income or selling off the entire business as a going concern.
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Another possibility is that the holder of a floating charge may have the same quality of proprietary interest as a fixed chargee, but one that is subject to
819: 993:, thereby obtaining the maximum credit benefit from the lender, but without the inconvenience of requiring the secured creditor's consent to dispose of 842:
described it: "The floating charge had become a cuckoo in the nest of corporate insolvency." Criticism of the effect of floating charges grew, until
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security interests in after-acquired property and general intangibles whether courts liked it or not, the UCC drafters in the 1940s (particularly
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2 QB 979 Buckley LJ referred to an event occurring which "is defined as bringing to an end the licence of the company to carry on business". In
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as regards book debts that were not paid before the presentation of the bankruptcy petition, unless the assignment has been registered under the
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The main purpose of any security is to enable the secured creditor to have priority of claim to the bankrupt party's assets in the event of an
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in the security documents creating floating charges that a cessation of the company's right to deal with the assets (including by reason of
1865: 958: 839: 1025:), if the floating charge encompasses substantially all of the assets and undertaking of the company, the secured creditor can appoint an 81: 863:
Everybody knows that when there is a winding-up debenture-holders generally step in and sweep off everything; and a great scandal it is.
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Ch 366 Nourse J referred to earlier authorities assuming the cessation of business would cause crystallisation rather than deciding it.
1305:". As a mortgage, it can be taken over immovables and movables (real and personal property); must be in due form, i.e. passed before a 1997: 560: 489: 360: 616: 227: 1044:
the law has now been changed by statute, but the power to block appointments of administrators has been retained in many other
1622: 530: 1103:. However, because of the nature of floating charge, the priority of floating charge holder's claims normally rank behind: 902: 824: 689: 355: 1168: 843: 1985: 1657: 1557: 176: 158: 103: 49: 1746:
2 Ch 118 Romer J did assert that a company could deal with assets subject to a floating charge until it is wound up
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until the charge crystallises and attaches to the assets, the chargor may carry on its business in the ordinary way.
745:, attached to specific assets of the business. This crystallisation can be triggered by a number of events. In most 1780: 252: 35: 1273:) successfully argued that such interests should be legitimized and simplified in the form of the floating lien. 1144: 848: 764:
was to try to grant a floating charge, then in most jurisdictions which recognise floating charges this would be
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for floating charges taken just prior to the onset of insolvency is a partial response to these criticisms.
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observed that the injustice of the case (as he saw it) was not caused by the introduction of the concept of
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The floating charge 'floats' or 'hovers' until the point at which it is converted ("crystallised") into a
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including priority ranking, right of pursuit (that is, it runs with the land and cannot be defeated by a
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from the floating charge to create an artificial pool of assets available to the unsecured creditors.
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nature and incidents of the interest remain unclear. This has received some judicial support, from
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In most countries floating charges can only be granted by companies. If an individual person or a
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may contain an excessive amount of intricate detail that may interest only a particular audience
1522: 1322:), creditor's consent required to dispose of subject; and grants powers of recourse, including 396: 2012: 1402: 1398: 1262: 1131: 1118: 601: 499: 391: 375: 329: 308: 303: 1094: 1424: 1418: 1282: 1033: 1000:
However, in many jurisdictions, floating charges are required to be registered in order to
730:, a floating charge is created over property of an ambulatory and shifting nature, such as 611: 217: 41: 1517:
For example, under English law, a general assignment of book debts by a natural person is
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notice is filed. This means that a floating mortgage ranks lower than a fixed mortgage.
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The use of such floating charges increased in popularity and expanded rapidly until, as
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Floating charges are popular as a security device for two principal reasons. From the
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and treated as a single movable security subject. The asset pool is referred to as a
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if the person goes into bankruptcy. See section 344(2) of the Insolvency Act 1986.
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of a long-term nature and of value to the operation of the business, specifically
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This led to a push back against the effect of floating charges in the form of the
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Forum for Asian Insolvency Reform (FAIR) MAXIMISING VALUE OF NONPERFORMING ASSETS
237: 1881:"Developing the Asian Markets for Non-Performing Assets: Developments in India" 1839: 1293:"floating charge" and created and introduced an analogous security device into 1041: 994: 926: 2017: 2006: 1900:
For example, in the United Kingdom, see section 860 of the Companies Act 2006
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that a charge should also crystallise upon the company ceasing to trade as a
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charge. Secondly (and more frequently the case, to preserve the company as a
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The pledge never crystallises like a floating charge; instead the pool is a
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any relevant information, and removing excessive detail that may be against
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The first recorded English case where a floating charge was recognised was
809:(1862) 10 HL Cas 191 it was held that equity would recognise a charge over 780: 750: 723: 267: 247: 1612: 1008:), which have been re-characterized as a floating charge being held to be 1382: 1138:(and a fixed charge that did not contain those characteristics would be " 1062: 761: 754: 427: 257: 953:) at the highest level which suggest a proprietary interest does exist. 726:. Unlike a fixed charge, which is created over ascertained and definite 1518: 1453: 1445: 1294: 1191: 1100: 1045: 1009: 969: 828: 773: 765: 731: 647: 222: 192: 1680:
S Worthington, Proprietary Interests in Commercial Transactions (1996)
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L'Endettement de l'entreprise au QuĂ©bec : paramètres juridiques
1175:, but by the excessive security created by the floating charge. In 1142:" as a floating charge). The position was definitively resolved in 1814:
referred to "some other agreed event" as affecting crystallisation.
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Government Stocks and Securities Investments Co Ltd v Manila Rly Co
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extent that it does not secure new loans made to the company.
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by permitted dealings by the chargor with the charged assets.
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Floating charges have been criticised as a "raw deal" for
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it is a charge over a class of assets present and future;
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When conducting a recent review of the authorities, the
1369:) and not for sale. The pool is restricted to movable ( 1448:
countries but are usually taken over working capital (
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Preferential Payments in Bankruptcy Amendment Act 1897
1913:, (Cambridge, Cambridge University Press, 2004), 109. 820:
Re Panama, New Zealand, and Australian Royal Mail Co
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may be too technical for most readers to understand
918:that class will be changing from time to time; and 932:National Westminster bank plc v Spectrum Plus Ltd 2004: 1238:An analogous (but not identical) concept in the 1261:and even if such a thing could exist, it was a 1228: 1389:, equipment, machinery, tools, furniture; and 1911:Secured Credit under English and American Law 1866:Siebe Gorman & Co Ltd v Barclays Bank Ltd 1826:Wheatley v Silkstone & Haigh Moor Coal Co 683: 1878: 1842:section 175(2)(b) of the Insolvency Act 1986 1248:, which was implemented by Article 9 of the 1205: 1065:. It has also been suggested, relying upon 929:brought some clarity to this area of law in 1863:Commencing with the decision of Slade J in 1349:countries generally allow for a commercial 1285:came into force in 1994 and superseded the 50:Learn how and when to remove these messages 1385:, which include movable tangibles such as 1032:In countries that permit the making of an 690: 676: 783:only, and consequently are defeated by a 177:Learn how and when to remove this message 159:Learn how and when to remove this message 143:, without removing the technical details. 104:Learn how and when to remove this message 1851:See for example section 29(a)(a) of the 900:A description was subsequently given in 1939:"Banking & Security Law in the UAE" 1753:Re Woodroffes (Musical Instruments) Ltd 2005: 1617:(3rd ed.). London: Butterworths. 1341: 1330:, sale by mortgagee in possession, or 1998:Floating charges - www.accaglobal.com 1978:Company Charges - Spectrum and Beyond 1689: 1649:Legal problems of credit and security 1645: 1610: 1550:Company Charges - Spectrum and Beyond 1107:holders of fixed security (such as a 141:make it understandable to non-experts 1353:to be taken over the pooled movable 1190:Some countries have also sought to " 1121:, who are given priority by statute. 903:Re Yorkshire Woolcombers Association 115: 56: 15: 13: 1970: 1801:Evans v Rival Granite Quarries Ltd 1357:held or acquired for the use of a 1051: 788:purchaser for value without notice 199: 14: 2029: 1991: 31:This article has multiple issues. 1548:writing in Getzler & Payne, 1508:with separate legal personality. 1233: 1095:Liquidation - Priority of claims 945:Nature of the chargee's interest 849:Salomon v A Salomon & Co Ltd 779:Floating charges take effect in 120: 61: 20: 1931: 1916: 1903: 1894: 1879:Sumant Batra (10–11 Nov 2003). 1872: 1857: 1845: 1832: 1817: 1792: 1773: 1759: 1734: 1721: 1706: 1683: 1652:. London: Sweet & Maxwell. 1220: 1145:NatWest v Spectrum Plus Limited 1071:comments by Lord Macnaghten in 39:or discuss these issues on the 1674: 1639: 1604: 1595: 1578: 1562: 1538: 1511: 1498: 1393:such as company style (name), 1242:to the floating charge is the 1177:Re London Pressed Hinge Co Ltd 979: 1: 1646:Goode, Royston Miles (1982). 1611:Gough, William James (2008). 1532: 1506:limited liability partnership 1152: 876: 1948:. p. 24. Archived from 1928:, , accessed 22 August 2011. 1922:Vilaysoun Loungnarath, Jr., 1229:Analogous security interests 1164:Salomon v. Salomon & Co. 1061:or upon the commencement of 86:Knowledge's inclusion policy 7: 1459: 1332:administrative receivership 1088: 1015: 991:ordinary course of business 10: 2034: 1481:Qualifying floating charge 1287:Civil Code of Lower Canada 1209: 1092: 794: 1276: 1206:Voidable floating charges 1185:voidable floating charges 1006:retention of title clause 892:AC 355 at 358 he stated: 889:Illingworth v Houldsworth 833:general body of creditors 823:(1870) 5 Ch App 318. The 637:History of bankruptcy law 1714:Re Crompton & Co Ltd 1491: 1486:Voidable floating charge 1309:and registered; confers 1212:Voidable floating charge 747:common law jurisdictions 714:over a fund of changing 407:Voidable floating charge 1946:Al Tamimi & Company 1838:See for example in the 1729:Bank Security Documents 1690:Nolan, Richard (2004). 1250:Uniform Commercial Code 1027:administrative receiver 811:after-acquired property 654:Pre-packaged insolvency 607:Bankruptcy alternatives 495:Cross-border insolvency 433:Trading while insolvent 284:Insolvency practitioner 263:Provisional liquidation 1823:This was confirmed in 1731:, 3rd ed. at para 9.19 1590:[2005] UKHL 41 1575:, 2nd ed., at page 731 1523:Bills of Sale Act 1878 1194:" recoveries made for 1132:preferential creditors 1119:preferential creditors 1012:for non-registration. 906:2 Ch 284, and despite 867: 846:finally proclaimed in 755:insolvency proceedings 397:Undervalue transaction 204: 1976:Getzler & Payne, 1767:Re Manurewa Transport 1586:Re Spectrum Plus Ltd' 1403:intellectual property 1365:-producing activity ( 1263:fraudulent conveyance 858: 854:[1896] UKHL 1 602:Anti-deprivation rule 500:Insolvency Regulation 392:Fraudulent conveyance 376:Scheme of arrangement 330:Preferential creditor 309:Trustee in bankruptcy 304:Referee in Bankruptcy 203: 1696:Law Quarterly Review 1692:"Property in a Fund" 1440:(Dutch), and so on. 1328:judicial foreclosure 1034:administration order 1853:Insolvency Act 1986 1789:3 All ER 673 at 678 1342:Civil law countries 1320:bona fide purchaser 1289:, it abolished the 1159:unsecured creditors 356:Administration (UK) 1909:Gerard McCormack, 1430:fondo di commercio 1299:hypothèque ouverte 1200:fraudulent trading 986:secured creditor's 806:Holroyd v Marshall 770:general assignment 632:Financial distress 505:UNCITRAL Model Law 423:Fraudulent trading 340:Unsecured creditor 205: 1869:2 Lloyd's Rep 142 1807:Re Bond Worth Ltd 1786:Re Brightlife Ltd 1748:or stops business 1624:978-1-4057-1881-3 1592:at paragraph 130. 1471:Security interest 1425:fondo de comercio 1419:fonds de commerce 1414:universitas rerum 1391:legal intangibles 1283:Quebec Civil Code 1173:limited liability 712:security interest 700: 699: 659:Sovereign default 642:List of bankrupts 612:Creditors' rights 474:Security interest 402:Unfair preference 384:Avoidance regimes 294:Regulatory agency 187: 186: 179: 169: 168: 161: 114: 113: 106: 54: 2025: 1965: 1964: 1962: 1960: 1954: 1943: 1935: 1929: 1920: 1914: 1907: 1901: 1898: 1892: 1891: 1885: 1876: 1870: 1861: 1855: 1849: 1843: 1836: 1830: 1821: 1815: 1796: 1790: 1777: 1771: 1763: 1757: 1738: 1732: 1725: 1719: 1710: 1704: 1703: 1687: 1681: 1678: 1672: 1671: 1643: 1637: 1636: 1608: 1602: 1599: 1593: 1582: 1576: 1566: 1560: 1542: 1526: 1515: 1509: 1502: 1291:charge flottante 1196:wrongful trading 1040:BCC 781. In the 1038:Re Croftbell Ltd 865:(emphasis added) 692: 685: 678: 469:Second lien loan 438:Wrongful trading 335:Secured creditor 189: 188: 182: 175: 164: 157: 153: 150: 144: 124: 123: 116: 109: 102: 98: 95: 89: 65: 64: 57: 46: 24: 23: 16: 2033: 2032: 2028: 2027: 2026: 2024: 2023: 2022: 2003: 2002: 1994: 1973: 1971:Further reading 1968: 1958: 1956: 1952: 1941: 1937: 1936: 1932: 1921: 1917: 1908: 1904: 1899: 1895: 1883: 1877: 1873: 1862: 1858: 1850: 1846: 1837: 1833: 1822: 1818: 1797: 1793: 1779:Referred to by 1778: 1774: 1764: 1760: 1739: 1735: 1726: 1722: 1711: 1707: 1688: 1684: 1679: 1675: 1660: 1644: 1640: 1625: 1614:Company charges 1609: 1605: 1600: 1596: 1583: 1579: 1567: 1563: 1543: 1539: 1535: 1530: 1529: 1516: 1512: 1504:Although not a 1503: 1499: 1494: 1462: 1450:floating assets 1344: 1301:, or "floating 1297:under the name 1279: 1236: 1231: 1223: 1214: 1208: 1169:Lord Macnaghten 1155: 1140:recharacterised 1097: 1091: 1054: 1052:Crystallisation 1048:jurisdictions. 1018: 982: 965:, for example. 947: 879: 844:Lord Macnaghten 825:Court of Appeal 797: 708:floating charge 696: 490:Chapter 15 (US) 454:Floating charge 361:Chapter 11 (US) 238:Conservatorship 183: 172: 171: 170: 165: 154: 148: 145: 137:help improve it 134: 125: 121: 110: 99: 93: 90: 76:Please help by 75: 66: 62: 25: 21: 12: 11: 5: 2031: 2021: 2020: 2015: 2001: 2000: 1993: 1992:External links 1990: 1989: 1988: 1972: 1969: 1967: 1966: 1930: 1915: 1902: 1893: 1871: 1856: 1844: 1840:United Kingdom 1831: 1816: 1791: 1772: 1758: 1750:. However, in 1743:Robson v Smith 1733: 1720: 1705: 1682: 1673: 1658: 1638: 1623: 1603: 1594: 1577: 1569:Commercial Law 1561: 1536: 1534: 1531: 1528: 1527: 1510: 1496: 1495: 1493: 1490: 1489: 1488: 1483: 1478: 1473: 1468: 1461: 1458: 1434:Geschäftsfonds 1387:trade fixtures 1343: 1340: 1278: 1275: 1235: 1232: 1230: 1227: 1222: 1219: 1210:Main article: 1207: 1204: 1154: 1151: 1130:claims of the 1123: 1122: 1116: 1090: 1087: 1053: 1050: 1042:United Kingdom 1017: 1014: 995:stock in trade 981: 978: 946: 943: 942: 941: 927:House of Lords 923: 922: 919: 916: 898: 897: 884: 883: 878: 875: 796: 793: 698: 697: 695: 694: 687: 680: 672: 669: 668: 667: 666: 661: 656: 651: 644: 639: 634: 629: 624: 619: 617:Chapter 9 (US) 614: 609: 604: 596: 595: 591: 590: 589: 588: 583: 581:United Kingdom 578: 573: 568: 563: 558: 553: 548: 543: 538: 533: 528: 523: 515: 514: 510: 509: 508: 507: 502: 497: 492: 484: 483: 479: 478: 477: 476: 471: 466: 461: 456: 448: 447: 443: 442: 441: 440: 435: 430: 425: 417: 416: 412: 411: 410: 409: 404: 399: 394: 386: 385: 381: 380: 379: 378: 373: 368: 363: 358: 350: 349: 345: 344: 343: 342: 337: 332: 327: 319: 318: 314: 313: 312: 311: 306: 301: 296: 291: 286: 278: 277: 273: 272: 271: 270: 265: 260: 255: 250: 245: 240: 235: 230: 228:Chapter 7 (US) 225: 220: 218:Administration 212: 211: 207: 206: 196: 195: 185: 184: 167: 166: 128: 126: 119: 112: 111: 69: 67: 60: 55: 29: 28: 26: 19: 9: 6: 4: 3: 2: 2030: 2019: 2016: 2014: 2011: 2010: 2008: 1999: 1996: 1995: 1987: 1986:0-19-929993-5 1983: 1979: 1975: 1974: 1955:on 2011-05-16 1951: 1947: 1940: 1934: 1927: 1926: 1919: 1912: 1906: 1897: 1889: 1882: 1875: 1868: 1867: 1860: 1854: 1848: 1841: 1835: 1828: 1827: 1820: 1813: 1810: 1808: 1803: 1802: 1795: 1788: 1787: 1782: 1781:Lord Hoffmann 1776: 1769: 1768: 1762: 1755: 1754: 1749: 1745: 1744: 1737: 1730: 1724: 1716: 1715: 1709: 1702:(1): 108–136. 1701: 1697: 1693: 1686: 1677: 1669: 1665: 1661: 1659:0-421-30270-4 1655: 1651: 1650: 1642: 1634: 1630: 1626: 1620: 1616: 1615: 1607: 1601:At AC 22, 53 1598: 1591: 1587: 1581: 1574: 1570: 1565: 1559: 1558:0-19-929993-5 1555: 1551: 1547: 1541: 1537: 1524: 1520: 1514: 1507: 1501: 1497: 1487: 1484: 1482: 1479: 1477: 1474: 1472: 1469: 1467: 1464: 1463: 1457: 1455: 1451: 1447: 1441: 1439: 1435: 1431: 1427: 1426: 1421: 1420: 1415: 1410: 1408: 1404: 1400: 1396: 1392: 1388: 1384: 1380: 1376: 1372: 1368: 1367:going concern 1364: 1360: 1356: 1352: 1348: 1339: 1335: 1333: 1329: 1325: 1321: 1317: 1316: 1312: 1308: 1304: 1300: 1296: 1292: 1288: 1284: 1274: 1272: 1271:Grant Gilmore 1268: 1264: 1258: 1256: 1251: 1247: 1246: 1245:floating lien 1241: 1240:United States 1234:United States 1226: 1218: 1213: 1203: 1201: 1197: 1193: 1188: 1186: 1180: 1178: 1174: 1170: 1166: 1165: 1160: 1150: 1147: 1146: 1141: 1137: 1133: 1127: 1120: 1117: 1114: 1110: 1106: 1105: 1104: 1102: 1096: 1086: 1082: 1080: 1079:going concern 1076: 1075: 1070: 1069: 1068:obiter dictum 1064: 1060: 1049: 1047: 1043: 1039: 1035: 1030: 1028: 1024: 1023:going concern 1013: 1011: 1007: 1003: 998: 996: 992: 987: 977: 975: 971: 966: 964: 960: 954: 952: 939: 938: 937: 934: 933: 928: 920: 917: 914: 913: 912: 909: 905: 904: 895: 894: 893: 891: 890: 881: 880: 874: 872: 866: 864: 857: 855: 851: 850: 845: 841: 836: 834: 830: 826: 822: 821: 815: 812: 808: 807: 801: 792: 789: 787: 782: 777: 775: 771: 767: 763: 758: 756: 752: 748: 744: 739: 737: 733: 729: 725: 721: 717: 713: 709: 705: 693: 688: 686: 681: 679: 674: 673: 671: 670: 665: 664:Subordination 662: 660: 657: 655: 652: 650: 649: 645: 643: 640: 638: 635: 633: 630: 628: 625: 623: 620: 618: 615: 613: 610: 608: 605: 603: 600: 599: 598: 597: 593: 592: 587: 586:United States 584: 582: 579: 577: 574: 572: 569: 567: 564: 562: 559: 557: 554: 552: 549: 547: 544: 542: 539: 537: 534: 532: 529: 527: 524: 522: 519: 518: 517: 516: 512: 511: 506: 503: 501: 498: 496: 493: 491: 488: 487: 486: 485: 482:International 481: 480: 475: 472: 470: 467: 465: 462: 460: 457: 455: 452: 451: 450: 449: 445: 444: 439: 436: 434: 431: 429: 426: 424: 421: 420: 419: 418: 414: 413: 408: 405: 403: 400: 398: 395: 393: 390: 389: 388: 387: 383: 382: 377: 374: 372: 371:Restructuring 369: 367: 364: 362: 359: 357: 354: 353: 352: 351: 348:Restructuring 347: 346: 341: 338: 336: 333: 331: 328: 326: 323: 322: 321: 320: 316: 315: 310: 307: 305: 302: 300: 297: 295: 292: 290: 287: 285: 282: 281: 280: 279: 275: 274: 269: 266: 264: 261: 259: 256: 254: 251: 249: 246: 244: 241: 239: 236: 234: 231: 229: 226: 224: 221: 219: 216: 215: 214: 213: 209: 208: 202: 198: 197: 194: 191: 190: 181: 178: 163: 160: 152: 142: 138: 132: 129:This article 127: 118: 117: 108: 105: 97: 87: 83: 79: 73: 70:This article 68: 59: 58: 53: 51: 44: 43: 38: 37: 32: 27: 18: 17: 2013:Property law 1980:(OUP 2006), 1977: 1959:23 September 1957:. Retrieved 1950:the original 1945: 1933: 1923: 1918: 1910: 1905: 1896: 1887: 1874: 1864: 1859: 1847: 1834: 1824: 1819: 1805: 1799: 1794: 1784: 1775: 1765: 1761: 1751: 1747: 1741: 1740:Although in 1736: 1728: 1723: 1712: 1708: 1699: 1695: 1685: 1676: 1648: 1641: 1613: 1606: 1597: 1585: 1580: 1568: 1564: 1552:at page 11, 1549: 1540: 1513: 1500: 1442: 1438:handelsfonds 1437: 1433: 1429: 1423: 1417: 1413: 1411: 1383:fixed assets 1345: 1336: 1324:repossession 1313: 1298: 1290: 1280: 1266: 1259: 1254: 1243: 1237: 1224: 1221:Registration 1215: 1189: 1181: 1176: 1162: 1156: 1143: 1128: 1124: 1113:fixed charge 1098: 1083: 1072: 1066: 1055: 1037: 1031: 1019: 999: 983: 974:overreaching 967: 962: 955: 950: 948: 930: 924: 901: 899: 887: 885: 868: 862: 859: 847: 837: 818: 816: 804: 802: 798: 785: 778: 759: 751:implied term 743:fixed charge 742: 740: 724:legal person 707: 701: 646: 571:South Africa 453: 268:Receivership 248:Examinership 173: 155: 146: 130: 100: 91: 78:spinning off 71: 47: 40: 34: 33:Please help 30: 1454:investments 1432:(Italian), 1428:(Spanish), 1063:liquidation 980:Flexibility 959:Lord Walker 840:Lord Walker 762:partnership 732:receivables 576:Switzerland 428:Misfeasance 258:Liquidation 243:Dissolution 149:August 2015 94:August 2015 2007:Categories 1533:References 1446:common law 1436:(German), 1422:(French), 1295:Quebec law 1192:ring fence 1153:Criticisms 1136:book debts 1101:insolvency 1093:See also: 1046:common law 970:defeasance 877:Definition 856:, AC 22: 829:winding up 774:bankruptcy 648:Pari passu 513:By country 299:Liquidator 223:Bankruptcy 193:Insolvency 82:relocating 36:improve it 1727:Lingard, 1633:232974168 1573:Roy Goode 1546:Roy Goode 1466:Debenture 1379:inventory 1347:Civil law 1281:When the 886:Later in 786:bona fide 749:it is an 722:or other 551:Hong Kong 526:Australia 366:Cram down 317:Claimants 276:Officials 210:Processes 42:talk page 1770:NZLE 909 1460:See also 1399:goodwill 1375:property 1371:personal 1359:business 1303:mortgage 1267:de facto 1109:mortgage 1089:Priority 1059:receiver 1016:Remedies 963:Spectrum 951:Spectrum 908:Romer LJ 728:property 521:Anguilla 464:Mortgage 446:Security 415:Offences 325:Creditor 289:Tribunal 1812:Slade J 1668:9757873 1002:perfect 795:History 720:company 704:finance 627:Default 561:Ireland 135:Please 1984:  1666:  1656:  1631:  1621:  1556:  1407:leases 1363:income 1355:assets 1351:pledge 1315:in rem 1311:rights 1307:notary 1277:Quebec 1167:AC 22 1115:); and 781:equity 716:assets 622:Debtor 566:Russia 541:Cayman 536:Canada 1953:(PDF) 1942:(PDF) 1884:(PDF) 1588: 1492:Notes 1395:logos 1161:. In 852: 768:as a 736:stock 718:of a 710:is a 594:Other 556:India 546:China 2018:Debt 1982:ISBN 1961:2011 1664:OCLC 1654:ISBN 1629:OCLC 1619:ISBN 1554:ISBN 1519:void 1476:Lien 1452:and 1381:and 1010:void 766:void 734:and 706:, a 459:Lien 1798:In 1783:in 1718:963 1700:120 1544:By 1456:). 1361:or 1255:any 1198:or 1111:or 972:or 961:in 803:In 772:in 702:In 531:BVI 253:IVA 233:CVA 139:to 80:or 2009:: 1944:. 1886:. 1698:. 1694:. 1662:. 1627:. 1571:, 1409:. 1405:, 1401:, 1397:, 1373:) 1334:. 1326:, 997:. 873:. 835:. 776:. 738:. 45:. 1963:. 1890:. 1809:, 1670:. 1635:. 1584:' 691:e 684:t 677:v 180:) 174:( 162:) 156:( 151:) 147:( 133:. 107:) 101:( 96:) 92:( 88:. 74:. 52:) 48:(

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Insolvency

Administration
Bankruptcy
Chapter 7 (US)
CVA
Conservatorship
Dissolution
Examinership
IVA
Liquidation
Provisional liquidation
Receivership
Insolvency practitioner
Tribunal
Regulatory agency
Liquidator
Referee in Bankruptcy
Trustee in bankruptcy

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