SQE1 · Business Law & Practice

Receivership and the s.72A prohibition

A profitable engineering company borrowed GBP 4 million from its bank in 2001, secured by a debenture creating a fixed charge over the company's premises and a qualifying floating charge over all its other assets. The debenture was duly registered at the time. The company has now defaulted on the loan and the bank wants to take control of the charged assets, sell them and apply the proceeds to its secured debt, without going through a court winding-up petition and without having to act in the interests of the company's creditors generally. The bank's solicitor notes the date the floating charge was created. The bank asks what enforcement route is open to it on these facts.