Enforcement—debentures and floating charges

Published by a ³ÉÈËÓ°Òô Banking & Finance expert
Practice notes

Enforcement—debentures and floating charges

Published by a ³ÉÈËÓ°Òô Banking & Finance expert

Practice notes
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What is a debenture?

In the context of secured lending, the term 'debenture' means a form of security agreement that grants security interests over a broad range of the security provider's assets as collateral for either the security provider's own obligations or the obligations of a third party.

Debentures typically include:

  1. •

    fixed security over specific assets, ie:

    1. â—¦

      mortgages (including assignments by way of security)

    2. â—¦

      fixed charges, and

  2. •

    a floating charge over all of the other assets of the security provider (ie all the assets that are not covered by the fixed security)

For more information on debentures and their formalities, see Practice Note: Key features of debentures.

In the event that a company cannot meet its obligations under a loan agreement or other financial arrangement, lenders will need to consider the options available to them to recoup their losses. One option is to enforce their security.

Subject to the security having been duly registered at Companies House and at any relevant specialist registry, a secured lender can enforce its

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

The action of compelling a party to comply with a judgment where it has not been complied with voluntarily and the time ordered for compliance has expired.

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