ICAEW BL · Chapter 9 · Question 8 of 10
In January, Pilgrim Ltd grants Bank X a floating charge over all its assets, with no negative pledge clause. In June it grants Bank Y a fixed charge over its factory. Both charges are properly registered. In a later liquidation, which charge has priority over the factory?
Test yourself: pick an answer
Reveal answer & explanation
Correct answer: D) Bank Y's fixed charge, despite being created later
Explanation
A floating charge allows the company to deal with its assets in the ordinary course of business, including granting later fixed charges. A later fixed charge therefore generally takes priority over an earlier floating charge. This is different only if the floating charge contains a negative pledge clause and the fixed charge holder has notice of it. There was no such clause here.
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