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:''Confusion in her eyes, it says it all | |||
:''She’s lost control again | |||
::—Ian Curtis, ''She’s Lost Control'' | |||
A reader writes in: | |||
“Dear Mr. Contrarian | |||
I have taken a [[fixed charge]] over {{tag|collateral}} delivered by my [[counterparty]] to a [[custodian]] - say a [[Tri-party collateral arrangement|triparty agent]] — subject to a security interest. My [[counterparty]], however, is entitled to substitute that collateral with something else more or less automatically, provided it maintains a minimum required collateral value. | I have taken a [[fixed charge]] over {{tag|collateral}} delivered by my [[counterparty]] to a [[custodian]] - say a [[Tri-party collateral arrangement|triparty agent]] — subject to a security interest. My [[counterparty]], however, is entitled to substitute that collateral with something else more or less automatically, provided it maintains a minimum required collateral value. | ||
Is my [[fixed charge]] good? | Is my [[fixed charge]] good?” | ||
Herewith a disquisition on the modern law of security. This will canvass fixed and floating charges, the [[Financial Collateral Regulations]], the priority of creditors on [[insolvency]], the unguarded thoughts of the judiciary expressed during {{casenote|Re Spectrum Plus}} and {{casenote|Re Lehman Brothers International}} — the famous “[[extended liens]]” case, and a few unsolicited and mostly uninformed home truths from yours truly. | |||
Strap yourselves in, friends. | |||
{{draft}} | |||
Revision as of 11:09, 27 June 2018
- Confusion in her eyes, it says it all
- She’s lost control again
- —Ian Curtis, She’s Lost Control
A reader writes in:
“Dear Mr. Contrarian I have taken a fixed charge over collateral delivered by my counterparty to a custodian - say a triparty agent — subject to a security interest. My counterparty, however, is entitled to substitute that collateral with something else more or less automatically, provided it maintains a minimum required collateral value.
Is my fixed charge good?”
Herewith a disquisition on the modern law of security. This will canvass fixed and floating charges, the Financial Collateral Regulations, the priority of creditors on insolvency, the unguarded thoughts of the judiciary expressed during [[Re Spectrum Plus v {{{2}}}]] and [[Re Lehman Brothers International v {{{2}}}]] — the famous “extended liens” case, and a few unsolicited and mostly uninformed home truths from yours truly.
Strap yourselves in, friends.