floating charge
A mortgage, debenture or other security documentation, is likely to create charges over particular assets as security for borrowings or other indebtedness. There are essentially two types of charge, floating and fixed. A floating charge is appropriate to assets and material which is subject to change on a day to day basis, such as stock. Individual items move into and out of the charge as they are bought and sold in the ordinary course. The floating charge crystallises if there is a default or similar event. At that the stage the floating charge is converted to a fixed charge over the assets which it covers at that time. A floating charge is not as effective as a fixed charge but is more flexible.

Easyform Glossary of Law Terms. — UK law terms.

floating charge
a security created by a company by debenture (in Scotland, a floating charge) over its whole assets and undertaking for the time being. The point of this form of security is that the company may continue to conduct its business, disposing of some assets and acquiring others without having to obtain the consent of the debenture holders for each disposal. In the event of a default, the charge crystallises and becomes fixed and enforceable over the assets held at that time.

Collins dictionary of law. . 2001.

floating charge
A charge taken over all the assets or a class of assets owned by a company from time to time as security for borrowings or other indebtedness. The advantage of a floating charge is that before insolvency it allows the charged assets to be bought and sold during the course of a company's business without reference to the chargeholder. The floating charge crystallises if there is a default or similar event. At that stage the floating charge is converted to a fixed charge over the assets which it covers at that time. If default occurs, depending on when the floating charge was created, the chargeholder may be able to appoint an administrative receiver.
Related links

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.

Look at other dictionaries:

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  • floating charge — noun (law and economics) A fluctuating borrowing facility secured on the total assets of a company • • • Main Entry: ↑float …   Useful english dictionary

  • Floating charge — A floating charge is a security interest over a fund of changing assets of a company or a limited liability partnership (LLP), which floats or hovers until conversion into a fixed charge, at which point the charge attaches to specific assets. The …   Wikipedia

  • Floating Charge — A security (i.e. mortgage, lien, etc.) that has an underlying asset or group of assets which is subject to change in quantity and value. Corporations can use floating charges and it does not affect their ability to use the underlying asset as… …   Investment dictionary

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  • Floating charge — Die floating charge ist im Bearbeiten] Literatur Carsten Hofmann: Mortgage und Charge: Gestaltungsmöglichkeiten im englischen Kreditsicherungsrecht. Duncker Humblot, Berlin 2002, ISBN 978 3428108008 …   Deutsch Wikipedia

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  • floating charge — A continuing charge on the assets of the company creating it, but permitting the company to deal freely with the property in the usual course of business until the security holder shall intervene to enforce his claim. Pennsylvania Co. for… …   Black's law dictionary

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