There are four main types of security available under English law:
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Mortgage
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charge
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Pledge, and
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Lien
This Practice Note explains:
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the nature of a charge (compared with other security interests)
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the nature of a fixed charge compared to a floating charge
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the types of assets which are typically the subject of fixed charges
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perfection of fixed charges, and
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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:
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it confers on the secured party (the chargee) an equitable (as opposed to legal) interest in the charged asset)
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it does not involve the transfer of title to an asset; this contrasts with a legal mortgage
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