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Topic: Hypothecation


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At first a hypothec only charged property owned by the borrower at the time of the loan, but later all property acquired by the borrower after the date of this loan was also held to be hypothecated as a security for the repayment of the loan.
All guarantees created a hypothec that was unlimited in amount, for example, a person who sold a house was responsible to the purchaser in the event of his being evicted for the value of that house at the time of eviction.
As regards judicial hypothecs and legal hypothecs (with the exception of that given to a widow to secure her dower) the right of following the hypothecated estate into the hands of a third party is barred by the lapse of ten years from their date.
www.jerseylegalinfo.je /publications/jerseylawreview/Feb98/hypothecation_and_guarantee.aspx   (6608 words)

  
 Hypothecation - Definition of Hypothecation by Webster's Online Dictionary   (Site not responding. Last check: 2007-11-06)
Pledge is that species, of hypothecation which is contracted by the delivery of the debtor to the creditor, of the thing hypothecated.
Hypothecation is further divided into general and special when the debtor hypothecates to his creditor all his estate and property, which he has, or may have, the hypothecation is general; when the hypothecation is confined to a particular estate, it is special.
Legal hypothecation is that which has not been agreed upon by any contract, express or implied; such as arises from the effect of judgments and executions.
www.webster-dictionary.org /definition/Hypothecation   (519 words)

  
 MyVakil - Home Page
Hypothecation is a transaction where a person borrows money from a Financier against a security of a movable asset.
It is advisable for a hypothecation agreement to be in writing to avoid ambiguity and to set out the rights and obligations of the parties in clear terms.
It is not compulsory to have a guarantor or surety in a hypothecation transaction.However, normally the financier insists on a guarantor.
www.myvakil.com /search/Faq.asp?FaqId=18   (446 words)

  
 M.G.Piscunova, Head of the department of Russian institute of State registrars at the Ministry of Justice of Russian ...   (Site not responding. Last check: 2007-11-06)
The new recording on the hypothecation on the foundation of previously registered pledge contract and agreement of concession of the rights under the main bond is entered into the Unitary registry, and the previous recording on the hypothecation is cancelled according to the paragraph 63 of the Rules.
The new record on the hypothecation is made in the Unitary registry, and the earlier made agreement on the hypothecation and the endorsement accomplished by the previous legal holder by the mortgage are underlined as the foundation.
The singularity of the state registration of the hypothecation is that in the case of non-conformity of the content of the agreement on the hypothecation to the mortgage and attached documents to the demands of the Law of Russian Federation, the registration stops, and the parties are given the possibility to eliminate the detected non-conformities.
www.dialit-realty.com /english/magazine/2000_0203/Piskunova.htm   (8414 words)

  
 Chinese Laws and Regulations --- People's Daily Online   (Site not responding. Last check: 2007-11-06)
Hypothecation contracts that do not fully comply with the requirements set in the previous paragraph may be revised.
Article 66 A pledger and the pledgee, in a hypothecation contract, shall not arrange to transfer the ownership of the hypothecated assets to the pledgee when the deadline of the debt expires and the pledgee is not paid off.
Should there be surplus of the value of the hypothecated assets after their conversion into money or being auctioned or sell-off in exceed of the creditor's rights, the balance shall belong to the pledger, and the balance due shall be paid by the debtor.
english.peopledaily.com.cn /data/laws/detail.php?id=374   (5079 words)

  
 ca02-642
On July 12, 1999, Toby signed both the 1999 hypothecation agreement, which pledged equipment that was already encumbered with Daniels's carry-over debt as collateral for the extension of the 1998 loan, and his own 1999 farm lease.
They were seeking to reform or cancel the 1998 hypothecation agreement, and in response to the appellee's motions for summary judgment they submitted the affidavit to try to invalidate the agreement because of the alleged comments by the Bank's president.
2 Although the 1998 hypothecation agreement in the record is dated March 10, 1998, the notary public information at the bottom of the page was shown as April 10, 1998, which corresponds to the date on the note.
courts.state.ar.us /unpublished/2003a/20030305/ca02-642.html   (1750 words)

  
 Hypothecation - Encyclopedia.WorldSearch   (Site not responding. Last check: 2007-11-06)
An essay on the laws of real property in Guernsey: And commentary on the present laws of inheritance and wills, including notices of guarantee and expropriation...
In admiralty: Foreclosure of the hypothecation of the British brig Euphemia, Capt. John S. Nightingale
A treatise on the law of mortgages, pledges and hypothecations: (founded on Coote's Law of mortgages)
encyclopedia.worldsearch.com /hypothecation.htm   (177 words)

  
 The Hindu Business Line : How to invoke a pledge
The details of the hypothecation invocation request are electronically communicated to the DPM of a pledgor's DP through the DM for confirmation.
The acceptance/rejection of hypothecation invocation confirmation is electronically communicated to the DPM of the pledgee's DP through DM.
Status of the hypothecation instruction will change to closed, invoked' and the securities are transferred from the pledged balances of the pledgor to the pledgee's beneficial owner account.
www.blonnet.com /iw/2003/03/30/stories/2003033000451300.htm   (594 words)

  
 I.D.Grachiov, the Deputy of State Duma of Russian Federation, Chairman of a commission on the hypothecation SD FC ...   (Site not responding. Last check: 2007-11-06)
As to neoclassical variants of the hypothecation, they were applied in Latin America and based on the fact that the man invests from the sum that he has accumulated.
For the hypothecation to be mass, cover at least 70 percents of the population (even in the long term), it is necessary, that money, which a man invests at least were not taxed with the income tax.
When people have bought a flat through the hypothecation, they should organize the condominium, and it becomes clear, as there are charges there: in connection with the VAT, and in connection with non-conformity of a board, which they will pay then for public utilities to board for usual municipal housing.
www.dialit-realty.com /english/magazine/2000_0203/Grachev.htm   (1938 words)

  
 Standing Committee On State Development - 28/05/1997 - REP
Hypothecation involves the creation of a nexus between a particular source of tax revenue and a particular expenditure program.
Pam Allan, agreed that there would be no formal hypothecation of the moneys raised by the levy; indeed, she advised Estimates Committee No. 2 of that fact on 1 November 1995, in the first year of the Labor Government.
The standing committee found that the Treasurer, the Minister for the Environment and the Government, despite its pre-election policy, have failed to implement the policy to hypothecate, that is, to directly link revenue from waste levies flowing to the EPA and expenditures by the EPA on waste management initiatives.
www.parliament.nsw.gov.au /prod/parlment/hansart.nsf/a60a6a8d2db7ace1ca256e6a0024cf47/ca256d11000bd3aa4a2564d6007d83c2!OpenDocument   (5275 words)

  
 Hypothecation definition explanation securities and other valuables as collateral   (Site not responding. Last check: 2007-11-06)
Anyway today I was reminiscing about that, when the idea of securities and loans meshed in my head and I remembered a loan I worked on seven years ago that involved a couple of municipal bonds and a line of credit for a jewelry store.
As mentioned above Hypothecation is the act of pledging securities as collateral to obtain a loan.
Although, we had to rework the structure of the facility from a term loan to a line of credit, the securities made the difference between an approval and a denial.
www.loanuniverse.com /hypo.html   (629 words)

  
 COSTS & BENEFITS
Hypothecation is seen as ensuring a commitment to the provision of resources.
It is perfectly possible that, in the absence of hypothecation, the level of resources allocated to a particular policy area might have been the same.
To be able to evaluate a particular hypothecation strategy it is necessary to know what the expenditure level would have been in the absence of hypothecation - not a simple task.
www.drugtext.org /library/articles/92338.html   (3997 words)

  
 10-1809 - Capital units, transfers and encumbrances   (Site not responding. Last check: 2007-11-06)
A. Until a statement substantially in the form set forth in subsection B of this section has been filed with the commission, any transfer, hypothecation, other voluntary encumbrance or security interest in or of any capital unit or units shall be void as to creditors and subsequent purchasers for valuable consideration without notice.
On the ___________________ day of _______________, _____________, the undersigned (name of transferor) transferred to (name of transferee), whose address is (address of transferee) (all or a stated percentage) of the undersigned's interest in the capital units of (name of corporation), an Arizona close corporation.
On the __________ day of _______________, ___________, the undersigned (name of debtor) hypothecated and voluntarily encumbered to (name of creditor) (all or a stated percentage) of the undersigned's interest in the capital units of (name of corporation), an Arizona close corporation.
www.azleg.state.az.us /ars/10/01809.htm   (234 words)

  
 Untitled Document   (Site not responding. Last check: 2007-11-06)
Hypothecation as a method of creation of security interest over movables has been subject to vagaries of the rights of third parties.
It is common among banks to resort to hypothecation of Account Receivables, with a power of attorney in favour of the lender to collect debts.
This Question is asked in the context that when a bank takes hypothecation against the inventory there is no mechanism to verify and prevent claims from suppliers on the basis of title retention.
www.indianbanksassociation.org /home/feedbak1.asp   (1943 words)

  
 Observer | We can save the NHS - if we're ready to pay for it
Hypothecation is a way of connecting citizens with the taxation they pay.
To preserve trust, it is important that the hypothecation be strict; that the revenues raised over a period should exactly match the spending over that period.
But the combination of strict hypothecation and an NHS Fund could be the beginnings of a new era for the NHS.
observer.guardian.co.uk /print/0,3858,4281916-109293,00.html   (918 words)

  
 British Medical Journal: Paying for the NHS - UK National Health Service - Letter to the Editor   (Site not responding. Last check: 2007-11-06)
Allowing the electorate to have a more direct say over how their taxes are spent--whether by hypothecation, referendums, or other methods--is a bit scary for control freaks and somehow seems "un-British." But the experience of the past few years has shown that there is really no alternative.
EDITOR--Longley's points on hypothecation are largely entirely true and, no doubt, would be accepted by the government were the relative powers of the Treasury and Department of Health to be reversed.
Hypothecation would bring some benefits to the health department but, as Longley notes, would severely weaken the power of the Treasury.
www.findarticles.com /p/articles/mi_m0999/is_7265_321/ai_67044655   (1444 words)

  
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We immediately looked at the figures for the "8 trial counties" in the speed camera hypothecation scheme and found no significant improvement in accident figures despite a significant national background improvement.
This means that, on average, hypothecation counties are improving more slowly than the national average.
Note that the latest figures show the trend to be worse than national average in the hypothecation counties.
www.safespeed.org.uk /hypothecation2.html   (743 words)

  
 Road Improvement (Special Funding) Amendment Bill - 06/06/1995 - 2R
Formal hypothecation of the 3 x 3 levy means that all funds raised from those levies are being spent on projects directly related to road construction.
That hypothecation includes an untied component that local government was able to receive and therefore apply to local roadworks that would otherwise not have attracted State funding under normal or historic guidelines.
However, those funds should not come from the hypothecated 3 x 3 levy, and certainly not at the expense of undermining the trust of motorists, built up over seven years, that the 3 x 3 levy is completely and utterly hypothecated for road expenditure.
www.parliament.nsw.gov.au /Prod/Parlment/HansArt.nsf/d891a0806177d17eca256d100026e9aa/ca256d11000bd3aa4a25644300118e5f!OpenDocument   (4885 words)

  
 Hypothecation   (Site not responding. Last check: 2007-11-06)
ANPR hypothecation is doomed to fail for very similar reasons.
After hearing to both the counsels, the Forum concluded that because of the hypothecation of the vehicle in question and wrong facts stated in the affidavit...
However, in the practice of "hypothecation", a significant portion of these taxes and fees collected should be directed away from the general revenue fund to...
finance.za-news.com /new/Hypothecation.html   (173 words)

  
 Encyclopedia: Hypothecation   (Site not responding. Last check: 2007-11-06)
The collection of tax in order to spend it on a specified purpose, for example collecting a tax on alcohol to pay directly for alcoholism rehabilitation centres, is called hypothecation.
The practice is often disliked by finance ministers, since it reduces their freedom of action.
The provisions of this paragraph shall not apply to any hypothecation of securities under any lien or claim of a pledgee securing a loan made and to be repaid on the same calendar day.
www.nationmaster.com /encyclopedia/Hypothecation   (360 words)

  
 Iowa Code 2001: Section 557B.12
Each hypothecation lender which has a lien on, or security interest in, the membership camping operator's ownership interest in the campground has executed and delivered a nondisturbance agreement and recorded the agreement in the office of the clerk of the district court of the county in which the campground is located.
(2) "Major hypothecation loan" is a loan or line of credit secured by substantially all of the contracts receivable arising from the membership camping operator's sale of membership camping contracts.
In lieu of compliance with subsection 1, a surety bond or letter of credit satisfying the requirements of this subsection may be delivered to and accepted by the attorney general.
www.legis.state.ia.us /IACODE/2001/557B/12.html   (591 words)

  
 Centre for Policy Evaluation: taxes and employment
Those who support hypothecation suggest that earmarked taxes provide a clearer mechanism for public references to be brought to bear on the political process.
Opponents suggest that tax earmarking is a deceit based on fiscal illusion, and that a move to hypothecation is merely window-dressing to disguise potentially unpopular tax rises.
Hypothecated Taxes and NHS Funding by Andrew Jones and Alan Duncan, Journal of Health Services Research and Policy, 3, pp.1-2.(editorial).
www.nottingham.ac.uk /economics/cpe/research/taxes_4.html   (180 words)

  
 NSDL   (Site not responding. Last check: 2007-11-06)
Procedure for invocation of pledge / hypothecation by the pledgee :
The hypothecation invocation request will be displayed on the DPM of the pledgor's DP.
The pledgor will instruct its DP to accept/reject the hypothecation invocation request by indicating the option 'confirm the invocation of hypothecation' in the pledge/hypothecation form.
www.nsdl.co.in /value/pledge.html   (1519 words)

  
 Definition   (Site not responding. Last check: 2007-11-06)
Hypothecation is the pledging of securities by a customer to the broker to cover purchases of other securities or to cover short sales.
The written agreement signed by the client that allows the shares to be used as collateral is known as the hypothecation agreement.
Should the broker use the same securities as collateral for a broker's loan with a financing institution, the process is termed re-hypothecation.
bwnt.businessweek.com /Glossary/definition.asp?DEFCode=H27   (92 words)

  
 Question Details
Could please tell what "hypothecation" means and what does it have to do with partial purchases of notes.
Hypothecation, means to mortgage or pledge without delivery of the security to the lender.
We have a better position in the event of foreclosure rather than hypothecating the note or loaning against it.
www.noteworthyusa.com /Experts/Details.asp?QID=1462   (186 words)

  
 Department for Transport | Behavioural research in road safety: eleventh seminar   (Site not responding. Last check: 2007-11-06)
A scheme for hypothecation of fine revenue from additional speed cameras is currently being piloted in eight UK police force areas.
During the hypothecation pilot project, once an agreed baseline number of tickets have been processed, all finances raised by the project sites have the costs of the project deducted, though the remainder is still remitted to the Exchequer.
Collection of data for Year 2 of the hypothecation project, commencing April 2001, may yield some clues as to whether this diminution in peak volumes is a seasonal effect.
www.popcenter.org /Problems/Supplemental_Material/Speeding/campbell_01.htm   (4318 words)

  
 Government portal :: News
The program provides for creating hypothecation mechanisms, which would allow Ukrainian citizens to get long-term (ten to 30 years) credits for construction of dwellings under two to six percent annual interest rates.
According to Yuliya Tymoshenko, the State Hypothecation Institution is supposed to muster additional financial resources to the tune of 20 bn.
As Yuliya Tymoshenko contended, one hryvnia, which is invested in construction of dwellings, will add two to 2.5 UAH to GDP, and creation of one job in the construction industry will lead to appearance of five to six jobs in construction industry-related economy branches.
www.kmu.gov.ua /control/en/publish/printable_article?art_id=16665148   (542 words)

  
 Insolvency Law Reforms - Report on India (www.insolvencyasia.com)
One of the controversies which persists is whether the private receiver can sell without court intervention, the property hypothecated, to the mortgagee, if a specific power in that behalf is conferred.
At any rate, care thus has to be taken whilst drafting the mortgage, hypothecation, debenture trust to ensure reservation in favour of banks and financial institutions, the right to appoint receivers who may, among other things, be empowered to dispose of the security realizing the dues.
The pledgee under Indian law has actual possession and not merely constructive possession as is in the case of a hypothecation.
www.insolvencyasia.com /insolvency_law_regimes/india/section_c.html   (8988 words)

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