💶 Charge over shares
A charge over shares is a security interest over a company's shares. It gives the chargee the right to take possession of, and sell, the shares if the company defaults on its obligations under the charge.
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Standard Clause For Charge Over Shares And Securities In Crest (Convert Charge Over Shares)
Under UK law, a charge is a legal mechanism used to secure a lender's interest in an asset, ensuring that the borrower fulfills their repayment obligations. In this particular context, the template focuses on charges over shares and securities that are held electronically within the Crest system.
The Crest system, also known as the Central Securities Depository, is an electronic security depository operated by Euroclear UK & Ireland. It enables investors to hold and transfer securities in electronic form, providing a secure and efficient platform for executing transactions.
The template offers a standardized format for drafting charge agreements, highlighting specific clauses that pertain to charges over shares and securities within the Crest system. It may include provisions to define the scope of the charge, outline the responsibilities and obligations of both the lender and borrower, specify the consequences of default or breach, and establish the conditions for the release or assignment of the charge.
By utilizing this legal template, stakeholders involved in financial transactions, such as lenders, borrowers, and legal professionals, can ensure clarity and consistency in their charge agreements related to shares and securities in the Crest system. This standardized approach helps streamline the legal process, reduce ambiguity, and safeguard the interests of all parties involved.
Publisher
Genie AIJurisdiction
England and WalesStandard Clause For Charge Over Certificated Shares And Securities (Convert Charge Over Shares)
The template aims to provide a standardized and comprehensive clause that can be incorporated into legal agreements, such as loan agreements or security agreements, where the lender seeks to obtain a charge over the borrower's shares and securities. It specifically covers situations where the shares are held in physical form with a paper certificate.
The clause template likely includes provisions related to the creation, registration, and enforcement of the charge. It may outline the obligations of the borrower to take necessary actions to ensure the charge is valid and enforceable, including providing the lender with the relevant share certificates, executing necessary documents, and notifying relevant parties.
Additionally, the template may address issues such as restrictions on the borrower's ability to deal with the charged shares or securities without the lender's consent, the lender's rights and remedies in the event of default or enforcement, and potential circumstances triggering the release or partial release of the charge.
Furthermore, it is likely that the template ensures compliance with the specific legal requirements and standards set forth by UK legislation, such as the Companies Act 2006 or any associated regulations, that govern the creation and registration of charges over shares and securities.
Ultimately, this legal template seeks to provide a clear and legally sound framework for creating a charge over certificated shares and securities in the UK, protecting the interests of the lender while ensuring compliance with relevant laws and regulations.
Publisher
Genie AIJurisdiction
England and WalesAssociated business activities
Charge over shares
If someone is owed money by a company, they may charge over the company's shares to secure the debt. This means that if the company is unable to pay the debt, the person who charged over the shares can take ownership of the company.
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