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The concept of floating charge

Courtesy/By: Priyanka Bhattacharyya | 2020-07-24 08:19     Views : 320

Floating charge 

The floating charge is different from specific charge but it is not for this security it is a charge created at present time which would become fixed under certain circumstances. 
The nature of floating charge
In a sense of floating charge covers like a cloud over the whole asset which have been subjected to charge and it becomes crystallite when the person entitled to the charge take steps.
Characteristics of floating charge

  • A floating charge is a charge on particular class of companies asset, present and future
    The class of asset to be charged is one which is changing from time to time in ordinary course of business it may be book debts or furniture or even profit of particular scheme.
  • It is generally contemplated that the company may carry on its business in ordinary way with that class of acid some even talkers on which the charge is settled down on property as an existing
  • A charge on undertaking of company is floating charge
  • A floating charge is liable to be postponed to the right of certain person if they act before the debenture holders take step to enforce a security.
  • The right of the company to deal with the property which is subjected to floating charge continues until the the said charge crystallises or becomes fixed.
  • A floating charge continuous to retain its floating character until there are                                                                                                                                 A receiver is appointed
    There is a winding up
    The company stops its business
  • A floating charge has priority over all general liability of the company except that preferential payment in winding up process

Courtesy/By: Priyanka Bhattacharyya | 2020-07-24 08:19