| 释义 |
charge
n. 1. A formal accusation of a crime, usually made at the police station after interrogation. A decision to charge a suspect will normally be taken by the Crown Prosecution Service. See also indictment. 2. Instructions given by a judge to a jury. A defendant is also said to be put in the charge of the jury when a trial is commenced. 3. A legal or equitable interest in land, securing the payment of money. It gives the creditor in whose favour the charge is created (the chargee) the right to payment from the income or proceeds of sale of the land charged, in priority to claims against the debtor by unsecured creditors. Under the Law of Property Act 1925 the only valid legal charges are: (1) a rentcharge payable immediately and for a fixed period or in perpetuity; (2) a charge by way of legal mortgage; and (3) certain charges arising under statute (e.g. under the Charging Orders Act 1979). All others take effect as equitable interests. All mortgages and charges over registered land must be registered to be enforceable against purchases of the land; both legal mortgages and equitable charges over unregistered land must be registered as land charges unless the mortgagee or chargee holds the title deeds as security (see registration of encumbrances). 4. An interest in company property created in favour of a creditor (e.g. as a debenture holder) to secure the amount owing. Charges must be registered at Companies House in accordance with chapter A1 of part 25 of the Companies Act 2006. Chapter A1 introduces an exemption-based system and permits electronic filing of charges, with effect from 13 April 2013. A fixed charge is attached to specific assets (e.g. premises, plant and machinery) and while in force prevents the company from dealing freely with those assets without the consent of the lender. A floating charge does not immediately attach to any specific assets but “floats” over all the company’s assets until crystallization. Until this point the company is free to deal freely with such assets; this type of charge is suitable for current assets (e.g. cash, stock in trade), whose values must necessarily fluctuate (Re Yorkshire Woolcombers Association Ltd [1903] 2 Ch 284). In the event of the company not paying the debt the creditor can secure the amount owing in accordance with the terms of the charge. If the company goes into liquidation (see winding-up) the order for repayment of debts laid down under the Insolvency Act 1986 is that fixed-charge holders are paid before floating-charge holders. A charge can also be created upon shares. For example, the articles of association usually give the company a lien in respect of unpaid calls, and company members may, in order to secure a debt owed to a third party, charge their shares, either by a full transfer of shares coupled with an agreement to retransfer upon repayment of the debt or by a deposit of the share certificate. |