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).
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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)
“It is in this power of saying everything, and yet saying nothing too plainly, that the perfection of art ... consists.”
—John Ruskin (1819–1900)
“The cultivation of literary pursuits forms the basis of all sciences, and in their perfection consist the reputation and prosperity of kingdoms.”
—Marquês De Pombal (1699–1782)