Guidance on debentures, mortgages & charges

• Fixed charge: Secures specific, identifiable assets such as property or machinery. These assets cannot be sold or transferred without the lender’s consent, giving the lender a priority claim in the event of default.

• Floating charge: Provides security over assets that are not fixed, such as stock, inventory, or receivables. The borrower can continue using these assets in day-to-day operations until a trigger event, such as insolvency, crystallises the charge into a fixed one.

At Anthony Gold Solicitors, we specialise in drafting and negotiating robust debentures that offer clear and comprehensive protection for lenders, while ensuring borrowers understand their obligations. We tailor our approach to fit the specific needs of each transaction, safeguarding your interests from start to finish.

Mortgages are a common form of secured lending where the loan is backed by immovable property, such as land or buildings. This arrangement provides lenders with a direct interest in the property, offering security while enabling businesses to leverage valuable assets for growth and investment.

Our expertise in mortgage transactions:

We ensure all terms are clearly defined, protecting your interests throughout the process.

We conduct thorough property searches and title checks, identifying potential risks before agreements are finalised.

We handle all legal requirements, including Land Registry filings and compliance with relevant lending codes.

Whether you’re securing a commercial property loan or need expert advice on an existing mortgage, we provide tailored, practical support to streamline the process and protect your interests at every stage.

A fixed charge creates a direct interest in a specific asset, such as a property, vehicle, or equipment. It provides lenders with priority over this asset, which cannot be sold or transferred without their consent. This type of charge is ideal for assets that are stable and unlikely to fluctuate in value.

A floating charge offers flexibility by securing assets that change over time, such as stock or receivables. The borrower can continue using these assets as part of their normal business operations. The charge only crystallises (becomes fixed) when a predefined event occurs, such as a default or insolvency.

We offer comprehensive advice on the creation, registration, and enforcement of both fixed and floating charges. Our team ensures that your security interests are properly documented and enforceable, giving you peace of mind whether you are lending or borrowing.

The deed clearly outlines the ranking of each lender’s claim, preventing confusion and mitigating risks in the event of borrower default or insolvency.

We strive to secure fair and reasonable terms for all parties involved, balancing the interests of senior and junior lenders.

Our team ensures that the deed is properly executed and legally binding, making it enforceable if disputes arise.

By handling the complexities of deeds of priority, we provide peace of mind and a secure framework for your financial transactions.