Charge: Difference between revisions

52 bytes added ,  13 June 2019
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{{anat|security}}
{{a|glossary|}}{{anat|security}}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]].
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.


A charge is the sort of security 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.
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.


You can also take a charge over book debts and the balance in a bank account - if 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}}
You can also take a charge over book debts and the balance in a bank account - if 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}}