Floating

Floating charge

Floating charge. This term is not a legal term, but it is well understood and is used in Acts of Parliament, e.g., the (English) Finance Act, 1915, s. 27, and may be said to denote a security which is an equitable charge on the assets for the time being of a going concern. It allows of the business being carried on and the property comprised in it being dealt with in the ordinary course of business, until the undertaking charged ceases to be a going concern, or until the creditor in some way or other intervenes, See Government Stock, etc., Co. v. Manila Ry. Co., 1897 AC 86, per Lord Macnaghten.The charge becomes fixed and enforceable by the charges as soon as the company goes into liquidation, even for the purpose of reconstruction [Crompton & Co., 1914, 1 Ch 954]. Under the (English) Companies Act, 1929, s. 88, all floating charges must be registered in the Register of Charges.The subsidiary shares, rather than circulating in the ordinary course of the claimant's business, are part of...

Floating assets

Floating assets, where there is a fixed charge over assets, such as the subsidiary shares, the fact that the charger is entitled to enjoy the fruits of the asset, such as the distribution rights, should not lead to the charge as it covers those assets being characterized as floating, Atlantic Computer System Plc (in re:), (1992) Ch 505. See also Arthur D Little Ltd. (in administration) v. Ableco Finance LLC, (2003) LR 217 (Ch): (2002) EWHC 701 (Ch)....

Buoyed upon or in a fluid a the floating timbers of a wreck floating motes in the air...

floating

floating 1 : not presently committed or invested [ capital] 2 : short-term and usually not funded [ debt] 3 : having no fixed value or rate [ currencies] [ interest rates] ...

floating lien

floating lien see lien ...

floating policy

floating policy : floater ...

floating rate note

floating rate note see note ...

floating zone

floating zone : a zone that is to be used for a designated purpose and that is approved as to particular characteristics (as size and type of buildings) but whose location is to be determined in the future ...

Floating capital

Floating capital. Capital available for the purpose of meeting current expenditure....

Floating security

Floating security, in an equitable charge on the assets for the time being of a going concern. If attaches to the subject charged in the varying condition in which it happens to be from time to time. It is of the essence of such a charge that it remains dormant unit the undertaking charged ceases to be a going concern, or unit the undertaking charged cases to be a going concern, or until the person in whose favour the charge is created intervenes, Governments Stock and other Securities Investment Co. Ltd. v. Manila Railway Co. Ltd., (1897) AC 81....

Floating - Law Dictionary Search Results