Perfection
Perfection of security interests means different things to lawyers in different jurisdictions.
- in English law, perfection has no defined statutory or judicial meaning, but academics have pressed the view that it refers to the attachment of the security interest to the underlying asset. Others have argued cogently that attachment is a separate legal concept, and that perfection refers to any steps required to ensure that the security interest is enforceable against third parties.
- in American law, perfection is generally taken to refer to any steps required to ensure that the security interest remains enforceable on the debtor's bankruptcy.
With the Americanization of the world's legal profession, the second definition is becoming more frequently used commercially, and arguably is to be preferred, as the traditional English legal usage has little purpose except in relation to the comparatively rare true legal mortgage (very few other security interests require additional steps to attach to the asset, but security interests frequently require some form of registration to be enforceable on the chargor's insolvency).
Read more about this topic: Security Interest
Famous quotes containing the word perfection:
“Undoubtedly we have not questions to ask which are unanswerable. We must trust the perfection of the creation so far, as to believe that whatever curiosity the order of things has awakened in our minds, the order of things can satisfy. Every man’s condition is a solution in hieroglyphic to those inquiries he would put. He acts it as life, before he apprehends it as truth.”
—Ralph Waldo Emerson (1803–1882)
“You have waited, you always wait, you dumb, beautiful ministers,
We receive you with free sense at last, and are insatiate
hence-forward,
Not you any more shall be able to foil us, or withhold yourselves
from us,
We use you, and do not cast you aside—we plant you permanently within us,
We fathom you not—we love you—there is perfection in you also,
You furnish your parts, toward eternity,
Great or small, you furnish your parts toward the soul.”
—Walt Whitman (1819–1892)
“The job for us is to develop a way to teach children without demanding instant perfection or without giving in to every whim.”
—Jeannette W. Galambos (20th century)