Control: Difference between revisions

587 bytes added ,  18 January 2020
no edit summary
(Created page with "I have taken a fixed charge over {{tag|collateral}} delivered by my counterparty to a custodian - say a triparty agent — su...")
 
No edit summary
 
(4 intermediate revisions by the same user not shown)
Line 1: Line 1:
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.
:''Confusion in her eyes, it says it all
:''She’s lost control again
::—Ian Curtis, ''She’s Lost Control''
A reader writes in:


Is my [[fixed charge]] good?
:“Dear Mr. [[Jolly Contrarian|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.


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 and a few home truths.
:Is my [[fixed charge]] good?
 
:Yours, in a spirit of joyful contrarianism
 
 
:Perennially Confused,
:Wolverhampton”
 
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 {{casenote1|Re Spectrum Plus}} and {{casenote1|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.
 
{{sa}}
*[[control function]]
 
{{draft}}