Crystallisation of floating charges

Published by a ½Û×ÓÊÓƵ Banking & Finance expert
Practice notes

Crystallisation of floating charges

Published by a ½Û×ÓÊÓƵ Banking & Finance expert

Practice notes
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The key feature of a floating charge is that, until it crystallises, the chargor is entitled to deal with the charged assets in the normal course of business without any further consent from the chargee. By contrast, a fixed charge requires the chargee to exercise a significant degree of control over the charged asset.

This Practice Note examines:

  1. •

    the effect of crystallisation of a floating charge

  2. •

    types of event that trigger or may trigger crystallisation, including automatic crystallisation, and

  3. •

    partial crystallisation

For further detail on the nature of fixed and floating charges, see Practice Note: Fixed and floating charges. For information on the advantages and disadvantages of floating charges, see Practice Note: Floating charges—advantages and disadvantages. For information on how to take a floating charge, see Practice Note: Floating charges. See also Security—frequently asked questions.

The effect of crystallisation

Impact of crystallisation on priority

Upon crystallisation of a floating charge, the floating charge attaches to all existing assets that are within the scope of the charge and becomes fixed. The main consequence of crystallisation

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

Refers to commencement of pension benefit payments from all or part of a pension scheme, as income and/or lump sum. Crystallising defined contribution benefits can trigger the money purchase annual allowance.

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