7.10 Debt and Security Flashcards

1
Q

What are the two main ways that a company raises finance

A

Debt finance and equity finance

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2
Q

What is debt finance

A

By loans, mortgages, securities or charges

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3
Q

What is equity finance

A

by issuing shares - gives shareholders ownership of the business

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4
Q

What are the benefits to a company using an overdraft

A

use interest
provide a quick short term loan idea to generate revenue

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5
Q

What is a term loan

A

Simple way to obtain money, payable at the end of the a set term

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6
Q

What is a Revolving credit facility (RCF)

A

An RCF is a hybrid of an overdraft and a term loan. It is similar to a term loan, but it is not for a
fixed amount. With an RCF, the borrower can draw down and repay amounts (up to a preagreed maximum) whenever it wants

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7
Q

Name the different types of securities lenders can issue

A

Mortgages
Charges
a pledge
a lien - physical possession

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8
Q

What is the most secure form of security

A

mortgage - keep the asset

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9
Q

What is a fixed charge

A

right to obtain a specific identifiable asset, if the borrower goes into liquidation the lender has a right to the asset

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10
Q

What is a floating charge

A

A floating charge floats over a class of assets that fluctuates, such as stock which is frequently
changing. If the borrower goes into liquidation the lender has a right to the asset

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11
Q

After a charge has been created what are the steps

A

Form MR01 and the certified copy of the charge must be sent to Companies House with 21
days of the day after the day the charge was created (s 859A(4)), together with a fee.

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12
Q

What happens if a charge is incorrectly registered

A

If a company goes insolvent an incorrectly registered charge will be void against a liquidator

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13
Q

A fixed charge takes priority over a floating charge if created afterwards unless

A

The floating charge has been protected by a negative pledge

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14
Q

What must be completed with a negative pledge

A

section Form MR01 must be completed

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15
Q

What does a negative pledge do

A

A negative pledge in a floating charge prohibits a company from creating later charges with
priority over a floating charge, without the floating-charge holder’s permission. Thus, a
subsequent lender taking a charge over the same asset with actual notice of the negative
pledge will rank behind the original charge holder (in priority).

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16
Q

What takes priority a fixed charge or floating charge?

A

Fixed charge unless a negative pledge is included in the floating charge documentation

17
Q

If there is more than one fixed charge over an asset, which one takes priority and how it is determined

A

By order of creation ie. the date the charge was created rather than registration

the same applies to both fixed and floating charges

18
Q

What is crystallisation?

A

Crystallisation is the process by which a floating charge converts
into a fixed charge and this will happen on a specified event such as when the borrower:
* defaults on the terms of the loan (as specified in the loan document), or
* becomes insolvent.