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In law, perfection relates to the additional steps required to be taken in relation to a security interest in order to make it effective against third parties〔See generally "Perfection of security interest," Black's Law Dictionary, pp. 1023-1023 (5th ed. 1979).〕 or to retain its effectiveness in the event of default by the grantor of the security interest. Generally speaking, once a security interest is effectively created, it gives certain rights to the holder of the security and imposes duties on the party who grants that security.〔''Mace Builders v Lunn'' () Ch 191〕 However, in many legal systems, additional steps --- perfection of the security interest --- are required to enforce the security against third parties such as a liquidator.〔For example, section 395 of the Companies Act 1986 of the United Kingdom requires certain security interests to be filed at Companies House within 21 days of being created. A failure to make such a filing does not affect the validity of the security interest between the debtor and the secured party, but if the debtor goes into insolvent liquidation, the security interest is void against the liquidator.〕 ==Concept== As a legal concept, perfection must be distinguished from: *the ''grant'' or ''creation'' of the security interest, which creates its primary validity; *''attachment'', which are steps that link the security interest to the underlying asset; and, *''priority'', which is an ordering of competing security interests in same asset. The same rule --- the common law rule in ''Dearle v Hall'', for instance --- may govern both perfection against third parties (e.g., subsequent security holders) and prioritization of competing security interests. In most legal systems, the need for perfection arises only in relation to security interests that are proprietary in nature (such as a mortgage or equitable charge). Other arrangements which constitute security in the loose sense of the word --- for instance, title retention arrangements, hire purchase, and leasing transactions --- need not in general be perfected in the legal sense. In India, Section 125 of the Companies Act, 1956 provides that certain charges shall be void against liquidator or creditors unless registered. Thus,if a charge is not registered with Registrar of Companies, and company happens to go for liquidation, even secured creditor shall be treated as unsecured. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Perfection (law)」の詳細全文を読む スポンサード リンク
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