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charge holder sentence in Hindi

"charge holder" meaning in Hindicharge holder in a sentence
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  • Fifth, the holders of a floating charge holders must be paid.
  • The one exception to this is floating charge holders.
  • This was felt to be too favourable to the floating charge holder at the expense of other creditors.
  • If two charges are created over the same property, the charge holder with the first will have the first access.
  • However, because of the nature of floating charge, the priority of floating charge holder's claims normally rank behind:
  • By statute floating charge holders are subordinated to preferred creditors, although under complex rules still rank ahead of liquidator's claims.
  • This perception has led to a widening of the classes of preferred creditors who take ahead of the floating charge holders in a number of countries.
  • Secured creditors generally dominate insolvency procedures, because a floating charge holder can select the negligently trading a company when it could not have avoided insolvency.
  • In each case the commercial effect is the same : the charge holder cannot prevent the company from collecting the debts and having the free use of the proceeds.
  • The basic duty of the receiver was to realise value for the floating charge holder, although all preferential debts, or those with priority, would have to be paid.
  • The proceeds of the debts collected by the company were no longer to be trust moneys but they were required to be paid into a blocked account with the charge holder.
  • Smartoffice Technologies Ltd continued to develop and market Picsel Smart Office until September 2013 when it entered administration after the floating charge holder ( Malaysia Debt Ventures ) appointed French Duncan as administrators.
  • If the company seeks permission to do so in respect of a particular debt, the charge holder can refuse permission or grant permission on terms, and can thus direct the application of the proceeds.
  • Since the existence of a fixed charge would make it impossible for the company to carry on business in the ordinary way without the consent of the charge holder, it follows that its ability to so without such consent is inconsistent with the fixed nature of the charge.
  • The judges held that as this is inconsistent with the status of the charge as fixed ( if the chargor company is able to use the proceeds in the ordinary course of its business without the consent of the charge holder ), the charge could only take effect as a floating charge.
  • According to the default rules at common law, floating charges impliedly crystallise when a receiver is appointed, if a business ceases or is sold, if a company is would up, or if under the terms of the debenture provision is made for crystallisation on reasonable notice from the charge holder.
  • One of the reasons for the partial abolition of administrative receivership was that after the receiver had performed his task of realising assets for the floating charge holder, very little value was left in the company for other creditors because it appeared to have fewer incentives to efficiently balance all creditors'interests.
  • The Companies Law does not make express provision for the position of a crystallised floating charge, and accordingly it seems arguable that when a floating charge crystallises upon the making of a wind-up order, the position of the floating security holder should change to that of a fixed charge holder.
  • But it does not follow that the nature of the charge on the uncollected book debts may not differ according to whether the proceeds are subject to a fixed charge or a floating charge; for in the one case the charge holder can prevent the company from having the use of the proceeds and in the other it cannot.
  • So here : in construing a debenture to see whether it creates a fixed or a floating charge, the only intention which is relevant is the intention that the company should be free to deal with the charged assets and withdraw them from the security without the consent of the holder of the charge; or, to put the question another way, whether the charged assets were intended to be under the control of the company or of the charge holder.
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