What Is A Floating Charge?

Charlotte Miller

Updated on:

Law
What Is A Floating Charge

Are you curious to know what is a floating charge? You have come to the right place as I am going to tell you everything about a floating charge in a very simple explanation. Without further discussion let’s begin to know what is a floating charge?

What Is A Floating Charge?

In finance and business law, a floating charge is a type of security interest that a lender can take out on a company’s assets. The term “floating” refers to the fact that the charge is not fixed to specific assets at the time it is created, but instead “floats” over the company’s assets until it becomes fixed or “crystallizes” at a later point in time.

The purpose of a floating charge is to give the lender the ability to secure a loan without having to specify the assets that will be used as collateral at the time the loan is made. This can be particularly useful in situations where a company’s assets are constantly changing, such as with inventory, accounts receivable, or other assets that are regularly bought and sold. By using a floating charge, the lender can ensure that the loan is secured by the company’s assets, regardless of which specific assets are in use at any given time.

However, because a floating charge does not attach to specific assets at the time it is created, it can create some uncertainty about which assets are subject to the charge. This can make it more difficult for other creditors to know which assets are available for their own security interests or to enforce their own claims in the event of default. In some cases, this can result in disputes over which creditors have priority over certain assets.

It is worth noting that in some jurisdictions, including the United States, floating charges are not commonly used. Instead, lenders typically take out fixed or “perfected” security interests that are specifically tied to particular assets at the time the loan is made.

In conclusion, a floating charge is a type of security interest that a lender can take out on a company’s assets. It allows the lender to secure a loan without having to specify the assets that will be used as collateral at the time the loan is made but can create uncertainty about which assets are subject to the charge. While not commonly used in all jurisdictions, floating charges can be useful in situations where a company’s assets are constantly changing.

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FAQ

What Is A Floating Charge In Simple Terms?

A floating charge, also known as a floating lien, is a security interest or lien over a group of non-constant assets that may change in quantity and value. Companies will use floating charges as a means of securing a loan. Typically, a loan might be secured by fixed assets such as property or equipment.

What Is A Floating Charge Example?

Floating charge definition

A floating charge on assets provides you with much more freedom than a fixed charge because you don’t need to seek approval from your lender before transferring, selling, or disposing of the assets. Floating charge examples include stock, inventory, trade debtors, and so on.

Is A Floating Charge Good?

Advantages of floating charges

One huge advantage of a floating charge is that the borrowing business can continue its operations as usual without requiring the lender’s consent to use its non-constant assets. A floating charge can also be removed at any time, unlike a fixed charge.

What Is The Difference Between A Fixed And Floating Charge?

Fixed charges relate to physical, identifiable assets whereas floating charges are flexible and apply to business assets as a whole. A fixed asset cannot be sold or disposed of without the lender’s authorization, whereas floating charges can be changed until they are ‘crystallized’ as fixed.

Is A Mortgage A Floating Charge?

Examples of a Fixed Charge

In a Mortgage, you borrow money to buy a house and you cannot own the house outright until the debt is repaid, nor can you sell it without the lenders’ permission. A mortgage is a form of fixed charge, thus you become a fixed charge holder.

 

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