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Scope of this note Once security has been properly constituted, it is effective as between the security provider and the secured party. It is not, however, automatically binding on third parties such as a liquidator or an administrator of the security provider. In many situations, additional steps must be taken to perfect the security. Perfection is the process by which security is made enforceable against certain third parties (though not necessarily all). The term is sometimes used more widely to cover measures that improve or safeguard a creditor’s position, eg by securing a legal interest or ensuring the priority of its security. For information on the third parties that may not be bound by security that has been perfected, see The difference between perfection and priority below...
Registration can have an important effect on the priority of competing security interests. In general terms, there are two broadly distinct methods for recording security interests: registration in relation to the asset that is charged, and registration against the person granting the security This Practice Note addresses specifically the first approach, where the charged property is land situated in England or Wales. For guidance on how registration over other types of asset influences the priority of security interests, see the following Practice Notes: Effect of registration on the UK Ship Register on priority of security interests Effect of registration on the UK Register of Aircraft Mortgages on priority of security interests, and Effect of registration at IP registries on priority of security interests Making an entry at an asset registry will, in most cases, have a direct bearing on the order of priority of the security, but will not affect its validity. ...