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Equitable Charge



Under English law and in common law jurisdictions derived from English law, there are broadly eight types of proprietary security interest that can arise.


Equitable Charge

A fixed equitable charge simply confers a power of sale on the secured party. It is probably the most common form of security taken over assets.


 


The considerations relating to the exercise of a power of sale by the holder of a fixed charge are substantially the same as those relating to the sale by the holder of a mortgage.


 


An equitable charge is also a non-possessory form of security, and the beneficiary of the charge (the chargee) does not need to retain possession of the charged property.


 


Where security equivalent to a charge is given by a natural person (as opposed to a corporate entity) it is usually expressed to be a bill of sale, and is regulated under applicable bills of sale legislation.

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