Jumat, 22 November 2013

Fixed and floating charges

In commercial practice the term "debenture" typically refers to the document that evidences a secured debt, although in law the definition may also cover unsecured debts (like any "IOU").[46] The legal definition is relevant for certain tax statutes, so for instance in British India Steam Navigation Co v IRC[47] Lindley J held that a simple "acknowledgement of indebtedness" was a debenture, which...
Aside from pari passu or a priority scheme, historical insolvency laws used many methods for distributing losses. The Talmud (ca 200AD) envisaged that each remaining penny would be dealt out to each creditor in turn, until a creditor received all he was owed, or the money ran out. This meant the small creditors were more likely to be paid in full than large and powerful creditors.[37]The priority...
The Insolvency Act 1986 priority list    Fixed charge holders    Insolvency practitioner fees and expenses, s 176ZA    Preferential creditors, ss 40, 115, 175, 386 and Sch 6    Ring fenced fund for unsecured creditors, s 176A and SI 2003/2097    Floating charge holders    Unsecured creditors, s 74(2)(f)   ...