Charge: Difference between revisions

210 bytes added ,  20 October 2022
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{{a|security|{{image|Everybody floats|jpg|Well - we ''all'' do, now and then, when spring is upon us.}}}}Spoddy pointy headed law-nerd point: a [[charge]] is an equitable proprietary interest. It is a [[creature of equity]]. Not a pantomime dromedary, but an intellectual construct dreamed up by those woundrous [[Courts of chancery|Courts of Chancery]].
*[[Security]]
*[[Assignment by way of security]]


====Registration of charges====
A charge is the sort of [[security interest]] you take over a real thing that you can move about — legal speak: what we used to call [[chattel|chattels]] and one now calls “[[tangible movable property]]”. Good, old fashioned, real stuff. Rolling stock. Raw materials. Ships. Aeroplanes.  [[Negotiable instrument |Negotiable financial instruments]]. You can take a charge — probably a [[Floating charge|''floating'' one]] — over the stock in trade in a factory. A fixed charge requires quite a lot of control.
====={{tag|Ireland}}=====
Insofar as [[Collateral Regulations]]-eligible collateral is in the possession or under the control of the chargee, no registration or other formalities are required for a security interest to be recognised by the Irish courts.  


"[[Collateral Regulations]]-eligible Collateral" includes (i) cash credited to an account (as opposed to physical notes and coins) with the chargee; and (ii) securities held by the chargee, either directly or indirectly, through an intermediary (ie subcustodian) outside Ireland.
You can also take a charge over book debts and the balance in a bank account — it can even be [[Fixed charge|fixed]], as long as you can legally prevent the [[chargor]] withdrawing its money whenever it likes - see {{casenote1|Re Spectrum Plus}}


There is an exception for collateral that consists of receivables consisting of obligations of the chargee to the chargor under contracts between the chargor and the chargee for the trading of [[over-the-counter]] or exchange-traded [[derivatives]], [[repos]] and/or [[stock loans]]. This requires registration pursuant to s. 99 of the Irish Companies Act 1963.
{{charges in Ireland}}
 
{{Amending security interests}}
But, you know, why would you be taking security over your own obligations? you could, and should, achieve the same thing by application of {{tag|set-off}}.
{{sa}}
*[[Floating charge]] - a poor {{sex|man’s}} charge.
*[[Fixed charge]] - better than a [[floater]] in every way.
*[[Security]]
*[[Assignment by way of security]]
{{ref}}