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Security interest over a fund of changing assets of a legal entity
finance, a floating charge is a security interest over a fund of changing assets of a company or other legal person. Unlike a fixed charge, which is created
Floating_charge
Trustee management of an organisation, typically due to insolvency
administrative receiver can normally only be appointed by the holder of a floating charge. Because of this unusual role, insolvency legislation usually grants
Receivership
In law, a voidable floating charge refers to a floating charge entered into shortly prior to the company going into liquidation which is void or unenforceable
Voidable_floating_charge
Financial process by which a company is ended
Administrative receivers can no longer be appointed by floating charge holders, with the exception of floating charges created before 15 September 2003. Voluntary
Liquidation
Procedure in UK insolvency law
it is also possible for a director and, crucially, the holder of a floating charge over the company's whole property to apply for appointment of an administrator
Administration in United Kingdom law
Administration_in_United_Kingdom_law
Rescue mechanism for insolvent entities
felt to be too favourable to the floating charge holder at the expense of other creditors. Holders of a floating charge created prior to 15 September 2003
Administration_(law)
Law in the United Kingdom of Great Britain and Northern Ireland
the holder of a floating charge. Fifth, the holders of a floating charge holders must be paid. Like a fixed charge, a floating charge can be created by
United_Kingdom_insolvency_law
Topics referred to by the same term
film Floating charge Floating exchange rate, a market-valued currency Floating (Eloy album) (1974) Floating (Ketil Bjørnstad album) (2005) Floating (EP)
Floating
a UK insolvency law case, concerning the conversion of a floating charge into a fixed charge ("crystallisation"). It held that an automatic crystallisation
Re_Brightlife_Ltd
Type of MOSFET where the gate is electrically isolated
mechanisms are used to modify the amount of charge stored in the FG. The FGMOS is commonly used as a floating-gate memory cell, the digital storage element
Floating-gate_MOSFET
UK landmark company law case
When the company failed, the company's liquidator contended that the floating charge should not be honoured, and Salomon should be made responsible for
Salomon_v_A_Salomon_&_Co_Ltd
Legal term and authority
affairs) but may be also of the "person", wherein the conservator takes charge of overseeing the daily activities, such as healthcare or living arrangements
Conservatorship
Lords that settled a number of outstanding legal issues relating to floating charges and recharacterisation risk under the English common law. However,
Re_Spectrum_Plus_Ltd
Semiconductor memory technology
Charge trap flash (CTF) is a semiconductor memory technology used in creating non-volatile NOR and NAND flash memory. It is a type of floating-gate MOSFET
Charge_trap_flash
company's assets with a floating charge. In the Court of Appeal Romer LJ held that a key to a floating charge, as opposed to a fixed charge was that the company
Illingworth_v_Houldsworth
UK insolvency law case
took priority over the claims of the holder of a floating charge. However, a crystallised floating charge theoretically took priority over the liquidation
Buchler_v_Talbot
recognise a floating charge. The reported decision is extremely short, and the judgment itself is only two pages. The word "floating charge" does not appear
Re Panama, New Zealand, and Australian Royal Mail Co
Re_Panama,_New_Zealand,_and_Australian_Royal_Mail_Co
Topics referred to by the same term
the event of the debtor's default Floating charge, a security interest over the assets of a company Criminal charge, a formal accusation made before a
Charge
Latin phrase; "on equal footing"
Voidable floating charge Trading while insolvent Wrongful trading Fraudulent trading Misfeasance Security interests Security interest Floating charge Lien
Pari_passu
crystallisation of floating charges ‘in modern insolvency law’, on the basis that it would adversely affect other creditors and that the charge did not need
Report of the Review Committee on Insolvency Law and Practice
Report_of_the_Review_Committee_on_Insolvency_Law_and_Practice
Legal term in bankruptcy law
security interest which catches the assets (characteristically, a floating charge). However, some countries have "ring-fenced" recoveries of unfair preferences
Unfair_preference
Risk that a borrower or counterparty fails to meet financial obligations
or other loan. A company is unable to repay asset-secured fixed or floating charge debt. A business or consumer does not pay a trade invoice when due
Credit_risk
Types of failure to discharge public obligations under law
Voidable floating charge Trading while insolvent Wrongful trading Fraudulent trading Misfeasance Security interests Security interest Floating charge Lien
Misfeasance
Financial regulation in Hong Kong
that floating charge is invalid except to the amount of any cash paid to the company in consideration for the charge granting of the floating charge. However
Hong_Kong_insolvency_law
Person or organization that has a claim on the services of another party
categories: secured and unsecured. A secured creditor has a security or charge over some or all of the debtor's assets, to provide reassurance (thus to
Creditor
Voidable floating charge Trading while insolvent Wrongful trading Fraudulent trading Misfeasance Security interests Security interest Floating charge Lien
Trading_while_insolvent
Installation for charging electric vehicles
Retrieved 3 October 2019. Wallace, Abby (20 February 2022). "These floating charging points will let ships draw electricity from offshore wind farms –
Charging_station
Financial failure to meet legal conditions of a loan
Voidable floating charge Trading while insolvent Wrongful trading Fraudulent trading Misfeasance Security interests Security interest Floating charge Lien
Default_(finance)
Voidable floating charge Trading while insolvent Wrongful trading Fraudulent trading Misfeasance Security interests Security interest Floating charge Lien
Insolvency_law_of_Russia
Section of the United States Bankruptcy Code
Voidable floating charge Trading while insolvent Wrongful trading Fraudulent trading Misfeasance Security interests Security interest Floating charge Lien
Chapter 11, Title 11, United States Code
Chapter_11,_Title_11,_United_States_Code
definition of a "floating charge" in section 251 of the Insolvency Act 1986 (UK), which provides that a floating charge includes any charge which was created
Cayman_Islands_bankruptcy_law
interest over a company's assets, the proper characterisation of a floating charge, and the priority of creditors in a company winding-up. Brumark Investments
Re_Brumark_Investments_Ltd
UK insolvency law case
BCLC 485 is a UK insolvency law case, concerning the definition of a floating charge. It held, somewhat controversially, that it was possible to separate
Re_New_Bullas_Trading_Ltd
security interest which catches the assets (characteristically, a floating charge). However, some countries have "ring-fenced" recoveries of unfair preferences
Undervalue_transaction
State of being unable to pay one's debts
Secured creditors with registered charges are able to appoint Receivers and Receivers & Managers depending on their charge. In the British Virgin Islands
Insolvency
State of being unable to repay the creditors of a company
Voidable floating charge Trading while insolvent Wrongful trading Fraudulent trading Misfeasance Security interests Security interest Floating charge Lien
Financial_distress
Voidable floating charge Trading while insolvent Wrongful trading Fraudulent trading Misfeasance Security interests Security interest Floating charge Lien
Secured_creditor
Legal status for relief from debts
Voidable floating charge Trading while insolvent Wrongful trading Fraudulent trading Misfeasance Security interests Security interest Floating charge Lien
Bankruptcy
UK insolvency law case
Rep 142 is a UK insolvency law case, concerning the definition of a floating charge. It was an influential decision for many years, but is now outdated
Siebe Gorman & Co Ltd v Barclays Bank Ltd
Siebe_Gorman_&_Co_Ltd_v_Barclays_Bank_Ltd
Alternatives to declaring personal bankruptcy
Voidable floating charge Trading while insolvent Wrongful trading Fraudulent trading Misfeasance Security interests Security interest Floating charge Lien
Bankruptcy_alternatives
Person who liquidates an insolvent company
Voidable floating charge Trading while insolvent Wrongful trading Fraudulent trading Misfeasance Security interests Security interest Floating charge Lien
Liquidator_(law)
Entity, often an individual, in charge of administering a bankruptcy estate
A trustee in bankruptcy is an entity, often an individual, in charge of administering a bankruptcy estate. In Canada, a licensed insolvency trustee (LIT)
Trustee_in_bankruptcy
Act of the Parliament of the United Kingdom
"preferential payments" for rates, taxes and wages, to take priority over a floating charge in an insolvent company's assets. The act was passed in broad response
Preferential Payments in Bankruptcy Amendment Act 1897
Preferential_Payments_in_Bankruptcy_Amendment_Act_1897
Act of reorganizing the legal, ownership, operational, or other structures of a company
restructuring may entail the need to pay the so-called exit fee (exit charge). See Valuation (finance) § Valuation of a suffering company for discussion
Restructuring
Voidable floating charge Trading while insolvent Wrongful trading Fraudulent trading Misfeasance Security interests Security interest Floating charge Lien
Unsecured_creditor
British case on insolvency
that fees for liquidation came in priority to preferential claims and floating charges. This was overturned by the House of Lords in Buchler v Talbot, but
Re_Barleycorn_Enterprises_Ltd
Voidable floating charge Trading while insolvent Wrongful trading Fraudulent trading Misfeasance Security interests Security interest Floating charge Lien
Subordination_(finance)
floating charge in UK insolvency law, and recommended it be abolished by statute. One of the key issues of debate concerned the use of the floating charge
Loreburn_Report
Security on property or debt
lienee while the debt is outstanding (in common-law countries, see Floating charge). garnishment lien—a lien on the debtor's property held by a garnishee
Lien
Doing business with intent to defraud creditors
which attaches to all the company's assets (characteristically, a floating charge). However, some countries have "ring-fenced" payments made for fraudulent
Fraudulent_trading
Kind of bankruptcy procedure where a restructuring plan has already been agreed
under broad asset valuation categories and split between fixed and floating charge realisations Any options, buy-back arrangements or similar conditions
Pre-packaged_insolvency
was a decision of the Court of Appeal in relation to the nature of a floating charge. This decision, together with an academic article written by Roy Goode
Royal Trust Bank v National Westminster Bank plc
Royal_Trust_Bank_v_National_Westminster_Bank_plc
Legal right between a debtor and creditor over the debtor's property (collateral)
consent) or a floating charge (where the chargor can dispose of the assets in the ordinary course of business). The modern doctrine of charges originates
Security_interest
Voidable floating charge Trading while insolvent Wrongful trading Fraudulent trading Misfeasance Security interests Security interest Floating charge Lien
Cram_down
Voidable floating charge Trading while insolvent Wrongful trading Fraudulent trading Misfeasance Security interests Security interest Floating charge Lien
Insolvency_practitioner
Voidable floating charge Trading while insolvent Wrongful trading Fraudulent trading Misfeasance Security interests Security interest Floating charge Lien
History_of_bankruptcy_law
Type of obligation to pay money
Voidable floating charge Trading while insolvent Wrongful trading Fraudulent trading Misfeasance Security interests Security interest Floating charge Lien
Second_lien_loan
Creditor with a priority right to payment upon bankruptcy
priority over secured creditors whose security is in the nature of a floating charge, but creditors with fixed security take ahead of the preferential creditors
Preferential_creditor
Legal term for a type of loan contract
nevertheless be re-characterised as an equitable mortgage or fixed or floating charge.) Chattel mortgages over certain assets (such as ships and aircraft)
Chattel_mortgage
UK insolvency law case
UK insolvency law case, concerning voidable floating charges for past value. It holds that a floating charge can harden (or crystallise) when it secures
Re_Yeovil_Glove_Co_Ltd
BSAC, and BSAC granted security over all its assets in the form of a floating charge as collateral for the loans. That agreement also contained a provision
British South Africa Company v De Beers Consolidated Mines Ltd
British_South_Africa_Company_v_De_Beers_Consolidated_Mines_Ltd
UK insolvency law case
a voidable floating charge for past value. The liquidator of Parkes Garage (Swadlincote) Ltd sought a declaration that a floating charge on the company's
Re Parkes Garage (Swadlincote) Ltd
Re_Parkes_Garage_(Swadlincote)_Ltd
Voidable floating charge Trading while insolvent Wrongful trading Fraudulent trading Misfeasance Security interests Security interest Floating charge Lien
Insolvency_law_of_Canada
Act of the Parliament of India
Voidable floating charge Trading while insolvent Wrongful trading Fraudulent trading Misfeasance Security interests Security interest Floating charge Lien
Insolvency and Bankruptcy Code, 2016
Insolvency_and_Bankruptcy_Code,_2016
futures". One method of circumventing the 2015 FIFA ban is to utilise a floating charge over designated accounts where the proceeds of player transfers is
Third-party ownership in association football
Third-party_ownership_in_association_football
Electrical ground not connected to Earth
another non-floating (grounded) conductor. Without such a connection, voltages and current flows are induced by electromagnetic fields or charge accumulation
Floating_ground
Court-approved corporate agreement
Voidable floating charge Trading while insolvent Wrongful trading Fraudulent trading Misfeasance Security interests Security interest Floating charge Lien
Scheme_of_arrangement
debenture to Barclays Bank which contained a floating charge over all of the company's assets. That floating charge was duly registered under the Companies
Re_Peachdart_Ltd
When a sovereign entity fails to pay its debts
Voidable floating charge Trading while insolvent Wrongful trading Fraudulent trading Misfeasance Security interests Security interest Floating charge Lien
Sovereign_default
European Union Regulation
Voidable floating charge Trading while insolvent Wrongful trading Fraudulent trading Misfeasance Security interests Security interest Floating charge Lien
Insolvency_Regulation
Process in Irish law
such disposal occurs. If the assets are subject to a charge 'which, as created, was a floating charge' the secured creditor will be deemed to have a corresponding
Examinership
of claims between the general body of creditors and the holder of a floating charge. The case held that because the power to challenge a transaction as
Re_Yagerphone_Ltd
Voidable floating charge Trading while insolvent Wrongful trading Fraudulent trading Misfeasance Security interests Security interest Floating charge Lien
Wrongful_trading
liquidation, the proceeds of such a claim would be caught by a floating charge where the floating charge was expressed to include any after-acquired property.
Re Anglo-Austrian Printing & Publishing Union
Re_Anglo-Austrian_Printing_&_Publishing_Union
breathing space to deal with its creditors. If a company had granted a floating charge the court may not make an administration order without the consent
British Virgin Islands bankruptcy law
British_Virgin_Islands_bankruptcy_law
costs of the liquidator in relation to an application to set aside a floating charge as an unfair preference. The court held that because the right of action
Re_MC_Bacon_Ltd_(No_2)
Voidable floating charge Trading while insolvent Wrongful trading Fraudulent trading Misfeasance Security interests Security interest Floating charge Lien
Bankruptcy_in_China
U.S. federal court administrator
Voidable floating charge Trading while insolvent Wrongful trading Fraudulent trading Misfeasance Security interests Security interest Floating charge Lien
Referee_in_Bankruptcy
The floating body effect is the body effect of dependence of the body potential of a transistor realized by the silicon on insulator (SOI) technology on
Floating_body_effect
Technology for constructing integrated circuits
output is low. No matter what the input is, the output is never left floating (charge is never stored due to wire capacitance and lack of electrical drain/ground)
CMOS
from the Bank of Scotland. The default lead to the attachment of a floating charge held by the bank over all of Albyn's "Property and Undertaking", and
Sharp_v_Thomson
Types of banking license by rbi
the NBFC / MFI cannot co-exist. Banks are precluded from creating floating charge on their assets. For such NBFCs / MFIs, which succeed in obtaining
Small_finance_bank
sellers, but rather it created a floating equitable charge in favour of the sellers; and (2) such a floating charge created by the buyer company would
Re_Bond_Worth_Ltd
woolbroker firm, agreed to lend New Patagonia Meat Ltd £10,000 secured by a floating charge on its business, repayable in five years, with an option to repay the
Kreglinger v New Patagonia Meat and Cold Storage Co Ltd
Kreglinger_v_New_Patagonia_Meat_and_Cold_Storage_Co_Ltd
Voidable floating charge Trading while insolvent Wrongful trading Fraudulent trading Misfeasance Security interests Security interest Floating charge Lien
UNCITRAL Model Law on Cross-Border Insolvency
UNCITRAL_Model_Law_on_Cross-Border_Insolvency
Property transfer to hinder debt collection
Voidable floating charge Trading while insolvent Wrongful trading Fraudulent trading Misfeasance Security interests Security interest Floating charge Lien
Fraudulent_conveyance
charge being a fixed charge on land and certain other assets, and a floating charge over the remaining assets. The deed authorises the bank to appoint
Re Atlantic Computer Systems plc (No 1)
Re_Atlantic_Computer_Systems_plc_(No_1)
also sometimes lead to criminal prosecution in state courts, under the charge of theft of the goods or services obtained by the debtor for which payment
Bankruptcy in the United States
Bankruptcy_in_the_United_States
Car ferry on the Isle of Wight, England
converting the floating bridge to only transport vehicles across the River Medina, setting up a launch for pedestrians with a charge of 50p. Prior to
Cowes_Floating_Bridge
Alternative to bankruptcy
rights of secured creditors largely unchanged. Insolvency practitioners charge initial and ongoing fees that are in addition to the debt. An IVA is a contractual
Individual voluntary arrangement
Individual_voluntary_arrangement
Security interests which are expressed as fixed charges are sometimes recharacterised as floating charges. However, in most common law systems, there is
Recharacterisation
Office until September 2013 when it entered administration after the floating charge holder (Malaysia Debt Ventures) appointed French Duncan as administrators
Picsel
1997 studio album by Spiritualized
Ladies and Gentlemen We Are Floating in Space (stylised in sentence case) is the third studio album by English space rock band Spiritualized, released
Ladies and Gentlemen We Are Floating in Space
Ladies_and_Gentlemen_We_Are_Floating_in_Space
Market in Thailand
Amphawa Floating Market (Thai: ตลาดน้ำอัมพวา, RTGS: Talat Nam Amphawa, pronounced [tā.làːt náːm ʔām.pʰā.wāː]) is a floating market and a tourist attraction
Amphawa_Floating_Market
WW2 submarine class
July 1941 S-31 19 June 1940 Decommissioned 14 March 1955; served as floating charging station PZS-23 until 1975, then decommissioned again and scrapped
Soviet_S-class_submarine
2008 (2008-10-02) March 7, 2009 566 561 46 "If the Scarf Fits, Wear It!" (The Floating Unidentified Mysterious Monster!?) Transliteration: "Ukabu Mikakunin Kaibutsu
List of Pokémon episodes (seasons 10–19)
List_of_Pokémon_episodes_(seasons_10–19)
creditor was returned wholly or partly unsatisfied; in relation to a floating charge: a receiver was appointed; an order was made for the appointment of
Australian_insolvency_law
Part of corporate insolvency process
Voidable floating charge Trading while insolvent Wrongful trading Fraudulent trading Misfeasance Security interests Security interest Floating charge Lien
Provisional_liquidation
Particle, atom or molecule with a net electrical charge
electrical charge. The charge of an electron is considered to be negative by convention and this charge is equal and opposite to the charge of a proton
Ion
conveyance or transfer of his property, or any part thereof, or creates any charge thereon, which would under this or any other Act be void as a fraudulent
Anguillan_bankruptcy_law
travel, tourism, insurance
FLOATING CHARGE
FLOATING CHARGE
FLOATING CHARGE
FLOATING CHARGE
FLOATING CHARGE
FLOATING CHARGE
FLOATING CHARGE
FLOATING CHARGE
FLOATING CHARGE
travel, tourism, insurance