Security interest: Difference between revisions

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“{{t|Collateral}}” can be represented by, but is ''not'' the same as, a {{security interest}}.  
“{{t|Collateral}}” can be represented by, but is ''not'' the same as, a {{security interest}}.  


A [[title transfer collateral arrangement]] where one party delivers [[collateral]] to another as credit support in the hopeful expectation that, at a later time, it will get an [[equivalent]] thing back<ref>Such as is witnessed under a {{1994csa}} or a {{GMSLA}} for example.</ref>, is ''not'' a {{tag|legal security}} interest. It isn't a security interest at all, in fact. This is good, because there is none of this tedious mucking around with equity, formalities, registration and the fear and loathing of transactional lawyers that accompanies them. The worst that can do is issue veiled threats about the risk of [[recharacterisation]], but this is poor form and really rather passive aggressive behaviour, in this correspondent’s opinion.
A [[title transfer collateral arrangement]] where one party delivers [[collateral]] to another as credit support in the hopeful expectation that, at a later time, it will get an [[equivalent]] thing back<ref>Such as is witnessed under a {{1994csa}} or a {{GMSLA}} for example.</ref>, is ''not'' a {{tag|legal security}} interest. It isn't a security interest at all, in fact. This is good, because there is none of this tedious mucking around with equity, formalities, registration and the fear and loathing of transactional lawyers that accompanies them. The worst that can do is issue veiled threats about the risk of [[recharacterisation]], but this is poor form and really rather [[passive aggressive]] behaviour, in this correspondent’s opinion.


{{See also}}
{{See also}}

Revision as of 22:00, 18 January 2019

It is sometimes said that there are only four types of consensual security right known to the law, namely pledge, lien, mortgage and charge. — Briggs J in Re Lehman Brothers International

Security can take many forms, depending on your legal system. We here are principally concerned with the common law. That is, the proper one. The overweening piece of statute here is the Law of Property Act 1925.

Types of security interest

There are:

Legal security interests can (and often do) revert to equitable security interests if they fail for formal or procedural reasons.

Types of legal security interest

Collateral: A Trick for young players

Collateral” can be represented by, but is not the same as, a Template:Security interest.

A title transfer collateral arrangement where one party delivers collateral to another as credit support in the hopeful expectation that, at a later time, it will get an equivalent thing back[1], is not a legal security interest. It isn't a security interest at all, in fact. This is good, because there is none of this tedious mucking around with equity, formalities, registration and the fear and loathing of transactional lawyers that accompanies them. The worst that can do is issue veiled threats about the risk of recharacterisation, but this is poor form and really rather passive aggressive behaviour, in this correspondent’s opinion.

Template:See also

  1. Such as is witnessed under a 1994 NY CSA or a 2010 GMSLA for example.