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}}