Commencement of winding up of a company does not affect the nature of
Select one:
O a. A fixed charge
O b. A floating charge
O c. Both a) ab)
O d. None of the above
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Answer:
C both a and b
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Commencement of winding up of a company does not affect the nature of C. Both a) and b)
Fixed charge:
A fixed charge is a recurrent and predictable fee that a company incurs.
Floating charge:
A floating charge, sometimes known as a floating lien, is indeed a security interest but rather a lien over a collection of non-constant commodities whose quantity as well as the value may fluctuate.
Commencement of winding up of a company does not affect the nature of Fixed and Floating charge:
- Geoghegan J determined that even in which a floating charge is transformed into a fixed amount prior to the commencement of a winding-up.
- As to if the crystallization process occurs as a legal matter (e.g. due to winding up / meeting of a recipient) or as a consequence of a proposed model in the manage risk permitting crystalline structure.
- E.g. on the provider of a 'crystallization' notice)), preferential lenders still must be compensated in primary consideration to the holder.
- As an effect, serving crystallization notifications in an attempt to raise precedence will not accomplish the desired outcome in the case of preferential creditors.\
Hence commencement of winding up of a company does not affect the nature of both Fixed and Floating charge
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