Fixed and floating charges

Published by a LexisNexis Banking & Finance expert
Practice notes

Fixed and floating charges

Published by a LexisNexis Banking & Finance expert

Practice notes
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There are four main types of security available under English law:

  1. Mortgage

  2. charge

  3. Pledge, and

  4. Lien

This Practice Note explains:

  1. the nature of a charge (compared with other security interests)

  2. the nature of a fixed charge compared to a floating charge

  3. the types of assets which are typically the subject of fixed charges

  4. perfection of fixed charges, and

  5. priority considerations when taking a fixed charge

This Practice Note predominantly focuses on fixed charges. Practice Note: Floating charges provides more detailed information on floating charges, including considerations when taking a floating charge, crystallisation and re-characterisation issues.

Special rules apply to agricultural charges. For more information, see Practice Note: Agricultural charges under the Agricultural Credits Act 1928.

The nature of fixed and floating charges

A charge has the following characteristics:

  1. it confers on the secured party (the chargee) an equitable (as opposed to legal) interest in the charged asset)

  2. it does not involve the transfer of title to an asset; this contrasts with a legal mortgage

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Jurisdiction(s):
United Kingdom
Key definition:
Floating charge definition
What does Floating charge mean?

A charge held over assets that may not be fixed and may be changeable. Usually secured by way of a debenture.

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