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Charge (Banking & Finance) meaning

What does Charge (Banking & Finance) mean?
A charge is a form of security used in finance to secure repayment or performance. It gives the chargee priority and the right to realise the charged asset on default (and, for certain financial collateral, to appropriate it), without transferring ownership to the financier. In practice, the difference from a mortgage is often minimal; modern land mortgages in England and Wales and Northern Ireland are commonly created as legal charges. A fixed charge attaches to identified assets and typically restricts the chargor’s ability to deal with them. A floating charge hovers over a class of circulating assets and becomes fixed on crystallisation (for example, on default or insolvency), with important priority consequences. The concept is recognised across England and Wales, Scotland, Northern Ireland and Ireland, though terminology varies. In Scotland, security over land is a standard security, while companies can grant floating charges; fixed security over moveables is typically by pledge or assignation in security. Charges are commonly taken over land, shares, receivables and bank accounts. Company charges generally require registration (UK: Companies Act 2006 at Companies House; Ireland: Companies Act 2014 at the CRO), and land charges require relevant land registry filings. Enforcement and priority are governed by statute and case law.
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View the related News about Charge (Banking & Finance)

NEWS
England and Wales High Court voids legal charge after intentional unilateral post-execution amendment; materiality assessed by potential prejudice (Pigot's Case) (Boult v Together Personal Finance Ltd)

Boult v Together Personal Finance Ltd [2026] EWHC 809 (Ch) What was the background? The respondent lender, Together Personal Finance Ltd, granted a short-term secured loan to the appellant, Ms Boult, with security taken by way of a legal charge over her home. The borrower had expressly agreed that only the house would be charged, and she executed the legal charge on that footing. After execution, and without her knowledge or consent, the lender’s solicitors altered the instrument by adding, in handwriting, a second property owned by her. The amended charge was then registered against both titles at HM Land Registry. The borrower later discovered the inclusion of this additional property and challenged the validity of the charge. Possession proceedings were issued in the County Court, where she relied on the rule in Pigot’s Case (1614) 11 Co Rep 26, asserting that the unauthorised alteration rendered the charge void. The judge rejected that defence, concluding that the change amounted to a non-material mistake...

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NEWS
Environmental law and ESG weekly briefing: policy, litigation and compliance across climate, energy, waste, biodiversity, marine and sustainable finance—3 July 2025

In this issue: Air emissions and climate change Energy efficiency and buildings Energy efficiency of products Energy for environmental lawyers Environmental disputes and proceedings Environmental enforcement and prosecutions Environmental information ESG and sustainability Marine Nature, biodiversity and habitat conservation Sources of environmental law (UK, EU, international) Waste Waste producer responsibility regimes LexTalk®Environment: a Lexis®Nexis community Daily and weekly news alerts New and updated content Latest Q&A Air emissions and climate change UKGBC launches UK Climate Resilience Roadmap On 26 June 2025, the UK Green Building Council (UKGBC) unveiled the UK Climate Resilience Roadmap, the first guidance of its kind mapping how the UK’s built environment—covering homes, schools, workplaces, hospitals, parks and infrastructure—is increasingly exposed to five major climate risks: overheating, flooding, drought, wildfires and storms. The roadmap pinpoints 13 locations across the UK at highest risk from extreme weather, warning that areas such as Peterborough and...

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View the related Practice Notes about Charge (Banking & Finance)

PRACTICE NOTES
Practical guide to enforcing share security under English law: forms, remedies and regulatory pitfalls (PSC, NSIA, Takeover Code, pensions, environmental)

This Practice Note outlines: the various forms of share security the principal enforcement options available to security holders practical factors for security holders when choosing appropriate enforcement mechanics further considerations for security holders depending on the context Forms of share security There are three primary categories of security that can be created over shares: (a) a charge, (b) a legal mortgage and (c) an equitable mortgage, each considered below. Historically, a pledge over shares was also possible. A pledge involves delivering possession of an asset as security for the repayment of a monetary debt. This was feasible where bearer shares existed. However, from 26 May 2015, under section 779 of the Companies Act 2006, companies have been prohibited from issuing bearer shares. Holders of bearer shares were granted until 26 February 2016 to surrender them and convert into registered shares (for further information, see News Analysis: Bearer shares—how to avoid a grizzly ending). Charge A charge arises from...

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PRACTICE NOTES
Priority of security interests: worked examples across fixed and floating charges, shares, receivables, land, tacking and registration under English law

Practice Note: Priority between security interests This Practice Note provides illustrations of how the rules on priority may operate in practice with reference to the relevant English law principles. It complements, and should be read alongside, our other Practice Notes on priority. New examples are added to this Practice Note on a regular basis. If you encounter a priority issue in practice that you would like us to cover, please use the LexisAsk function to inform us. Practice Note: Priority between security interests outlines the rules on priority from a more technical standpoint and should be consulted for the black letter law that supports the practical examples in this Practice Note. It is important to recognise that English law priority rules are complex and are widely acknowledged not to be clear in every respect. Outcomes can also be influenced by the parties’ actions, meaning law firms will often decline to provide an opinion on the priority of security and specialist advice may need to be obtained if there is...

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PRACTICE NOTES
Scots law companies and partnerships: practical differences from England & Wales, including Companies House practice, security registration, separate personality and insolvency, PSC regime, and Scottish Charitable Incorporated Organisations

STOP PRESS The Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023) obtained Royal Assent on 26 October 2023. Part 1 of ECCTA 2023 comprises a significant suite of measures that bolster the function of Companies House and increase the transparency of UK corporate entities, furthering the openness of UK corporate bodies. The ECCTA 2023’s provisions will be introduced gradually over time, over an extended period. Numerous elements of the statute depend on detailed secondary legislation and guidance, alongside the development of fresh technical systems and tools to deliver the changes. For further details, see Practice Notes: The Economic Crime and Corporate Transparency Act 2023—what Banking & Finance lawyers need to know and The Economic Crime and Corporate Transparency Act 2023—tracker. This Practice Note draws out the practical distinctions between legal entities in Scotland and those in England and Wales. It also addresses the legal framework for Scottish Charitable Incorporated Organisations (SCIOs), an entity unique to Scotland and found only there. Matters that are identical for legal...

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View the related Precedents about Charge (Banking & Finance)

PRECEDENTS
Precedent: bank account charge over blocked accounts (chargor-specific monies) for syndicated facilities (England and Wales)

This Deed is made on [ insert day and month ] 20[ insert year ] Parties [ Insert name of Chargor ], being a company incorporated in England and Wales, with registered number [ insert company number ], and whose registered office is at [ insert address ] (the “ Chargor ”); and 1 [ Insert name of Security Agent ], acting as security agent and trustee for the Finance Parties pursuant to the terms and conditions set out in the [ Facilities Agreement OR Intercreditor Agreement OR Security Trust Deed ] (the “ Security Agent ”). Recitals: (A) The Finance Parties have consented to provide loan facilities subject to the terms and conditions set out in the Facilities Agreement (as defined below). (B) As a condition precedent to the loan facilities becoming available, the Chargor must execute this Deed for the purpose of granting security in favour of the Security Agent in relation to the Secured Obligations (as defined below)...

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PRECEDENTS
Fixed charge over blocked bank account deed (lender as account bank) — single-company chargor, specific monies, bilateral — governed by England and Wales law

This Deed is executed on [ insert day and month ] 20[ insert year ] Parties [ insert name of Chargor ], a company incorporated in England and Wales with registered number [ insert company number ], with its registered office at [ insert address ] (the Chargor); and [ insert name of Lender ] of [ insert address ] (the Lender). Recitals: The Lender has agreed to provide a loan facility to the Chargor on the terms and conditions contained in the Facility Agreement (as defined below). As a condition precedent to the availability of that facility, the Chargor must enter into this Deed to create security in favour of the Lender for the Secured Obligations (as defined below)...

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PRECEDENTS
Deed of fixed charge over blocked bank account held at third‑party account bank (English law): single‑company chargor; bilateral; specific monies; with account bank notice and acknowledgement

This Deed is dated [ insert day and month ] 20[ insert year ] and is entered into by the parties set out below. Parties [ insert name of Chargor ], a company registered in England and Wales under number [ insert company number ], with its registered office at [ insert address ] (the Chargor); and [ insert name of Lender ] of [ insert address ] (the Lender). Recitals: The Lender has consented to provide a loan facility to the Chargor on the terms and conditions set out in, and subject to, the Facility Agreement (as defined below). It is a condition precedent to the availability of that facility that the Chargor enter into this Deed for the purpose of granting security in favour of the Lender in respect of the Secured Obligations (as defined below). ...

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View the related UK Parliament Acts about Charge (Banking & Finance)

UK PARLIAMENT ACTS
[859A Charges created by a company]