If a floating charge with negative pledge clause is being created then followed by fixed charge which the the fixed chargee has no actual knowledge on the clause, which charge will rank first?
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Charges priority
10y ago#1The company has to notify the floating charge holder so your hypothetical question cannot arise
In addition, the company (or anyone!) must notify the registrar of companies about the floater and the fixed charge lender would MOST PROBABLY have either carried out a search of inspected the company's own register of mortgages and charges
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