Medium2 marksMultiple Choice
Syllabus E: Capital and the financing of companiesSection BCorporate and Business Law

ACCA · Question 60 · Syllabus E: Capital and the financing of companies

Scenario: Global Logistics Ltd is facing financial difficulties. It has a fixed charge over its warehouse in favour of Alpha Bank, and a floating charge over its fleet of trucks in favour of Beta Bank. The company owes £50,000 to its employees for unpaid wages. The directors are considering putting the company into administration to rescue it as a going concern.

What happens to Beta Bank's floating charge if the company enters liquidation?

Answer options:

A.

It becomes void and unenforceable.

B.

It crystallises and becomes a fixed charge over the assets in the class at that moment.

C.

It is automatically upgraded to rank ahead of Alpha Bank's fixed charge.

D.

It remains a floating charge, allowing the liquidator to sell the trucks freely.

How to approach this question

Understand the concept and triggers of 'crystallisation' in corporate finance.

Full Answer

B.It crystallises and becomes a fixed charge over the assets in the class at that moment.✓ Correct
A floating charge hovers over a changing class of assets. When a triggering event occurs—such as the company going into liquidation, ceasing to trade, or the lender appointing a receiver—the charge 'crystallises'. This means it attaches to the specific assets held by the company at that exact moment, effectively converting it into a fixed charge for the purpose of enforcement.

Common mistakes

Believing a floating charge continues to float during liquidation.

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