Taking Security

Taking Security: Law and Practice explains how security - the creation and enforcement of proprietary rights to secure the payment of a monetary liability - is taken under English law.

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Author: Richard Calnan

Publisher: Jordans Pub

ISBN: 1846617383

Category: Law

Page: 585

View: 513

In the UK, the factor which distinguishes secured transactions from other types of transaction is that security generally needs to be registered. In April 2013, the rules concerning the registration of charges created by companies and LLPs were changed, and this has necessitated the substantial re-writing of the chapter on registration. The changes have also affected the UK's law concerning the priority of security. This book explains how security - the creation and enforcement of proprietary rights to secure the payment of a monetary liability - is taken under English law. It offers a detailed explanation of types of security, creation, priority, and enforcement. The book is mainly concerned with property and insolvency law, two areas where security is tested and enforced. Authoritative in approach, it provides guidance on both the legal principles and practical issues involved in taking and challenging security. It will be an essential reference for litigation lawyers when disputes arise, as well as for insolvency lawyers and accountants.

Taking and enforcing security in China

a special report Graham Morrison, Jan Blauuw, Elizabeth Owen, Patrick Herbert,
Asia Law & Practice Ltd. CHAPTER ONE Taking Security in China Taking
Security: An Introduction by Graham Morrison, Baker & McKenzie.

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Author: Graham Morrison

Publisher:

ISBN: UCSD:31822018902148

Category: Political Science

Page: 148

View: 709

The Statutes of New Zealand

Form of security . Rights of person taking security . Security to be roid unless
registered . Subsequent sales , & c . , not to affect security . If proprietor neglect to
shear sheep , & c . , owner of security may do so . ( 3. ) Give to any such
proprietor ...

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Author: New Zealand

Publisher:

ISBN: CORNELL:31924070239565

Category: Legislation

Page:

View: 113

Code of Federal Regulations

When determined necessary by OGC , a State supplement will be issued to
further explain the taking of a security interest in fixtures . ( 1 ) A security interest
taken in goods before they become fixtures has priority over real estate interest ...

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Author:

Publisher:

ISBN: OSU:32437121328591

Category: Administrative law

Page:

View: 559

Special edition of the Federal Register, containing a codification of documents of general applicability and future effect ... with ancillaries.

Federal Decisions

Other security.- A creditor dealing with a debtor whom he may suspect to be in
failing circumstances , but of which he has ... The lending of money to an
insolvent debtor , and taking security therefor , is not taking an unlawful
preference under ...

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Author:

Publisher:

ISBN: MINN:31951D02600551W

Category: Law reports, digests, etc

Page:

View: 586

Leading and Select American Cases in the Law of Bills of Exchange Promissory Notes and Checks

But , ordinarily , we suppose it fair to conclude that one who takes a note or bill
negotiated to him while current ... And it is scarcely supposable that one so taking
security for a debt , will not conduct differently on account of the security .

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Author: Isaac Fletcher Redfield

Publisher:

ISBN: UOM:35112203480860

Category: Negotiable instruments

Page: 760

View: 173

Commentaries on American Law

as to the facts and circumstances which would amount to the taking of security
from the vendee , so as to destroy the existence of the lien . In several cases * it is
held , that taking a bond * 153 from the vendee , for the purchase - money , or the
 ...

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Author: James Kent

Publisher:

ISBN: OXFORD:555003325

Category: Law

Page:

View: 688

Statutes of Canada

... Public securities , or stock lateral of some chartered bank in Canada , or any
stock in incorporated be take w security ... to the security of real estate , except
that nothing herein contained shall prevent the Bank from taking security upon
real ...

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Author: Canada

Publisher:

ISBN: UOM:39015074701064

Category: Law

Page:

View: 831

A Treatise on the Law of Collateral Securities

In Rhode Island , the rule prevails that the indorser of a promissory note , by
taking security from the maker , does nct waive demand upon the maker and
notice of non - payment . Whittier v . Collins , 15 R. I. 44 . k . Purchase of collateral
.

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Author: William Colebrooke

Publisher:

ISBN: UIUC:30112022965534

Category: Pledges (Law)

Page: 814

View: 530

The Federal Reporter

MECHANIC's LIEN-WIIEN NOT WAIVED BY TAKING SECURITY. The holder of a
claim for labor or materials for a building, erection, or improvements upon land
does not waive his right to a mechanic's lien by taking security upon the same ...

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Author:

Publisher:

ISBN: MINN:31951D02286888J

Category: Law reports, digests, etc

Page:

View: 448

Includes cases argued and determined in the District Courts of the United States and, Mar./May 1880-Oct./Nov. 1912, the Circuit Courts of the United States; Sept./Dec. 1891-Sept./Nov. 1924, the Circuit Courts of Appeals of the United States; Aug./Oct. 1911-Jan./Feb. 1914, the Commerce Court of the United States; Sept./Oct. 1919-Sept./Nov. 1924, the Court of Appeals of the District of Columbia.

The Eastern Reporter

June 13 , 1885 NEGOTIABLE INSTRUMENT — Indorser Taking Security
Waiver of DEMAND AND NOTICE . In Rhode Island the indorser of a promissory
note , by taking security from the maker , does not waive demand upon the maker
and ...

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Author: John T. Cook

Publisher:

ISBN: HARVARD:32044053483822

Category: Law reports, digests, etc

Page:

View: 272

A Treatise on the Law of Negotiable Instruments

The true criterion , ” as expressed by ChiefJustice Gibson , “ seems to be the
obligation to take up the note . ” 2 § 1140. ( 5 ) When security is given after
dishonor . - As a general rule , it is the settled doctrine that where security is taken
after ...

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Author: John Warwick Daniel

Publisher:

ISBN: STANFORD:36105063720838

Category: Negotiable instruments

Page:

View: 523

The Texas Reports

Chancellor Kent also states the role in the following terms : • Taking a note , bill or
bond , with distinct security , or taking distinct security exclusively by itself , either
in the shape of real or personal property , from the vendee , or taking the ...

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Author: Texas. Supreme Court

Publisher:

ISBN: UOM:35112102774918

Category: Law reports, digests, etc

Page:

View: 578

The Weekly Reporter

security to be furnished , or as to the time it is to remain The 10th June 1875 . in
force . ... allow the Judge to decide as to the Markby , In this case , the prisoner
necessity for taking security , or , without any has been convicted of dacoity .

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Author: David Sutherland

Publisher:

ISBN: STANFORD:36105062876300

Category: India

Page:

View: 746

With v. 26 is bound: A general digest of criminal cases reported in the Weekly reporter. By D. E. Cranenburgh. Calcutta, 1893.

The Washington Law Reporter

While there are numerous dicta in these cases, to the effect that any taking of
security is a waiver of demand and notice, the cases themselves do not decide,
nor even support the proposition. The cases of Mead v. Small, 2 Me., 207, and ...

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Author:

Publisher:

ISBN: HARVARD:HL4FRO

Category: Law

Page:

View: 755

A Treatise by Outline Cases and Annotations on the Common Remedial Processes Or the Means by which Judgments are Enforced

Hauchet , 1 Keble , 551 , to show that the sheriff taking security for the debt ,
would discharge it : but in that case the plaintiff consented to the sheriff taking a
bond . Nothing is said of a levy , and the rule there , as stated by counsel and
agreed ...

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Author: John Romain Rood

Publisher:

ISBN: UOM:35112104600459

Category: Attachment and garnishment

Page: 366

View: 142

Session Cases

Parties took that advice , and the subject of security being sold upon that
arrangement , it has been found that loss has ... through negligence or want of
skill on the part of the defenders in making the said loan , or in taking security
therefor .

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Author: Scotland. Court of Session

Publisher:

ISBN: OSU:32437012071094

Category: Law reports, digests, etc

Page:

View: 772

The Law Reports

... to be acquired by the deposit of deeds or any mortgage of lands or other
property taken or to be taken by the said corporation or any person or persons on
their behalf as security collateral to any bill , promissory note , bond , or other
security ...

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Author:

Publisher:

ISBN: UCAL:B4777911

Category: Law reports, digests, etc

Page:

View: 616

New York Supreme Court

Miller, N. Y., 55', an indorser had taken security by chattel mortgage for his
indorsement, held it did not waive nor dispense with demand and notice. The
question is, has the indorser made it his duty as between himself and makers to
take up ...

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Author:

Publisher:

ISBN: LLMC:NYA0UXWSZ90Q

Category:

Page:

View: 588

Report of Cases Argued and Determined in the Supreme Court of Alabama

of any other creditor ; and , if the debt he holds was contracted in good faith , and
there is an absence of fraud on his part , he may take security or payment ,
though the corporation be insolvent , and he may thereby acquire priority in the ...

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Author: Alabama. Supreme Court

Publisher:

ISBN: IOWA:31858017939038

Category: Law reports, digests, etc

Page:

View: 771