Question Tag: Floating Charge

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LRB – JUL 2020 – L2 – Q3 – Differences in Shares, Companies, Charges, and Trading Practices

Explain the differences between preference and equity shares, public and private companies, fixed and floating charges, and fraudulent trading and preferences.

Explain the differences between the following:

(a) Preference shares and equity shares

(b) Public and private limited liability companies

(c) Fixed charge and floating charge

(d) Fraudulent trading and preferences

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POB-LAW-APR-2016-L3-Q6-Debentures and Administrative Receivers

Scenario where a securities clerk asks the branch manager to explain what a debenture is, why the credit director requests a debenture over fixed and floating assets instead of just a fixed charge, and details on the meaning, appointment, and role of an administrative receiver for a company.

As the Branch Manager of your High Street Branch in Accen, your Securities Clerk asks you the following questions:
a. We submitted any application to the Director/Credit showing the following details of Account X Ltd

  • Proposed Limit: GH$500,000,000;
  • Proposed Security: Fixed Charge over the factory, minimum forced sale value (FSV) GH$1,500,000,000 on a professional valuation.
    The Director/Credit’s office has agreed to lend, but have expressed dissatisfaction with the security and have requested us to take a Debenture under.
    Explain the following to your Clerk:
    i. What is a Debenture?
    ii. Why is the Director/Credit’s’ office requesting for a debenture over the company’s fixed and floating assets?
    b. I have read some correspondence about the appointment of an “Administrative Receiver” for Z Limited. Can you explain what “Administrative Receiver” means, how the administrative receiver is appointed and what the administrative receiver does?

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BL – Nov 2014 – L1 – SB – Q1b – Company Law

Explain two differences between fixed charge and floating charge on company properties.

One of the conditions attached to loans obtained by a registered company is the creation of a charge on the properties of the company.
You are required to explain briefly any TWO differences between fixed charge and floating charge.
(Total 5 Marks)

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BL – Nov 2014 – L1 – SA – Q7 – Company Law

Identifying assets not covered by a floating charge over a company's properties

A floating charge over a company’s properties will cover all of the following EXCEPT:
A. Cash
B. Stock-in-Trade
C. Plant and Machinery
D. Rent
E. Dividends

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BL – Nov 2022 – L1 – SB – Q4a – Company Law

Explaining the advantages of a floating charge to a company.

Debenture stock is secured by charge on the company’s assets.

Required:
Explain two advantages of floating charge to the company.

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BL – Nov 2022 – L1 – SA – Q5 – Company Law

Identifying the term for an equitable charge on all assets as security.

An equitable charge on all of the assets or property of a company as security for indebtedness of the company is called:

A. Assets charge
B. Property charge
C. Fixed charge
D. Multiple charge
E. Floating charge

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BL – May 2015 – L1 – SA – Q8 – Company Law

Identify which of the listed characteristics does not apply to a floating charge.

The following are the major characteristics of a floating charge EXCEPT, it is
A. Not attached to any particular asset or assets of the company
B. Attached to a particular asset or assets of the company
C. Ambulatory and shifting in nature
D. Equitable in nature
E. A form of company security

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BCL – May 2019 – L1 – Q6a – Company Law

Explains the concepts of floating charge, naked debentures, and income surplus in company law.

a) Explain the following:
i) Floating charge
ii) Naked Debentures
iii) Income Surplus
(12 marks)

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BCL – May 2018 – L1 – Q6b – Types of Capital and the Financing of Companies

Define a debenture and explain when a receiver/manager is appointed.

b)
i) Define a debenture. (2 marks)

ii) State the time when a debenture holder on a floating charge will deem it necessary to apply to the court for the appointment of a receiver/manager.

(4 marks)

iii) At what time will an annual general meeting of a company limited by shares be dispensed with in any year? (2 marks)

iv) State FOUR persons who qualify to receive notices of general meetings in a company limited by shares. (8 marks)

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BCL – Mar 2023 – L1 – Q5a – Types of Capital and the Financing of Companies

Distinguish between fixed and floating charges and explain circumstances for crystallization.

a) A company may raise a loan capital and/or long-term funds by the issue of a debenture or a series of debentures or of debenture stock in order to finance the business without increasing its share capital. Debentures may be secured by a charge or may be unsecured by any charge.

Required:
i) In THREE (3) ways, distinguish between a fixed charge and a floating charge.
(6 marks)

ii) Under what TWO (2) circumstances can a floating charge crystallize into a fixed charge?
(4 marks)

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LRB – JUL 2020 – L2 – Q3 – Differences in Shares, Companies, Charges, and Trading Practices

Explain the differences between preference and equity shares, public and private companies, fixed and floating charges, and fraudulent trading and preferences.

Explain the differences between the following:

(a) Preference shares and equity shares

(b) Public and private limited liability companies

(c) Fixed charge and floating charge

(d) Fraudulent trading and preferences

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POB-LAW-APR-2016-L3-Q6-Debentures and Administrative Receivers

Scenario where a securities clerk asks the branch manager to explain what a debenture is, why the credit director requests a debenture over fixed and floating assets instead of just a fixed charge, and details on the meaning, appointment, and role of an administrative receiver for a company.

As the Branch Manager of your High Street Branch in Accen, your Securities Clerk asks you the following questions:
a. We submitted any application to the Director/Credit showing the following details of Account X Ltd

  • Proposed Limit: GH$500,000,000;
  • Proposed Security: Fixed Charge over the factory, minimum forced sale value (FSV) GH$1,500,000,000 on a professional valuation.
    The Director/Credit’s office has agreed to lend, but have expressed dissatisfaction with the security and have requested us to take a Debenture under.
    Explain the following to your Clerk:
    i. What is a Debenture?
    ii. Why is the Director/Credit’s’ office requesting for a debenture over the company’s fixed and floating assets?
    b. I have read some correspondence about the appointment of an “Administrative Receiver” for Z Limited. Can you explain what “Administrative Receiver” means, how the administrative receiver is appointed and what the administrative receiver does?

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BL – Nov 2014 – L1 – SB – Q1b – Company Law

Explain two differences between fixed charge and floating charge on company properties.

One of the conditions attached to loans obtained by a registered company is the creation of a charge on the properties of the company.
You are required to explain briefly any TWO differences between fixed charge and floating charge.
(Total 5 Marks)

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BL – Nov 2014 – L1 – SA – Q7 – Company Law

Identifying assets not covered by a floating charge over a company's properties

A floating charge over a company’s properties will cover all of the following EXCEPT:
A. Cash
B. Stock-in-Trade
C. Plant and Machinery
D. Rent
E. Dividends

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BL – Nov 2022 – L1 – SB – Q4a – Company Law

Explaining the advantages of a floating charge to a company.

Debenture stock is secured by charge on the company’s assets.

Required:
Explain two advantages of floating charge to the company.

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BL – Nov 2022 – L1 – SA – Q5 – Company Law

Identifying the term for an equitable charge on all assets as security.

An equitable charge on all of the assets or property of a company as security for indebtedness of the company is called:

A. Assets charge
B. Property charge
C. Fixed charge
D. Multiple charge
E. Floating charge

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BL – May 2015 – L1 – SA – Q8 – Company Law

Identify which of the listed characteristics does not apply to a floating charge.

The following are the major characteristics of a floating charge EXCEPT, it is
A. Not attached to any particular asset or assets of the company
B. Attached to a particular asset or assets of the company
C. Ambulatory and shifting in nature
D. Equitable in nature
E. A form of company security

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BCL – May 2019 – L1 – Q6a – Company Law

Explains the concepts of floating charge, naked debentures, and income surplus in company law.

a) Explain the following:
i) Floating charge
ii) Naked Debentures
iii) Income Surplus
(12 marks)

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BCL – May 2018 – L1 – Q6b – Types of Capital and the Financing of Companies

Define a debenture and explain when a receiver/manager is appointed.

b)
i) Define a debenture. (2 marks)

ii) State the time when a debenture holder on a floating charge will deem it necessary to apply to the court for the appointment of a receiver/manager.

(4 marks)

iii) At what time will an annual general meeting of a company limited by shares be dispensed with in any year? (2 marks)

iv) State FOUR persons who qualify to receive notices of general meetings in a company limited by shares. (8 marks)

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BCL – Mar 2023 – L1 – Q5a – Types of Capital and the Financing of Companies

Distinguish between fixed and floating charges and explain circumstances for crystallization.

a) A company may raise a loan capital and/or long-term funds by the issue of a debenture or a series of debentures or of debenture stock in order to finance the business without increasing its share capital. Debentures may be secured by a charge or may be unsecured by any charge.

Required:
i) In THREE (3) ways, distinguish between a fixed charge and a floating charge.
(6 marks)

ii) Under what TWO (2) circumstances can a floating charge crystallize into a fixed charge?
(4 marks)

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