Glossary entry

German term or phrase:

Sicherungsübereignung

English translation:

assignment as (collateral) security

Added to glossary by Terry Moran
Feb 4, 2005 10:31
19 yrs ago
6 viewers *
German term

Sicherungsuebereignungen

German to English Law/Patents Accounting Liabilities/Under Balance Sheet
Von den Verbindlichkeiten gegenueber Versicherungsgesellschaften sind T 123 durch sicherungsuebereignungen gesichert

Proposed translations

+1
5 mins
Selected

assignment (of ...) as security

It would be best to say what of, if you know.
Peer comment(s):

agree RobinB : or simply "assignment of assets as security" (would normally be receivables and inventory, I think)
1 hr
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4 KudoZ points awarded for this answer. Comment: "Danke!!!!"
1 hr

mortgages

Could work here. Mortgage under Anglo-American law is a much wider concept than the German "Hypothek". It can also refer to movables and have the function of a "Sicherungsübereignung".
Peer comment(s):

neutral RobinB : See my comments to Jane's response.
44 mins
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2 hrs

transfers of ownership by way of collateral or transfers of ownership as collateral security

...
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2 hrs

Fiduciary transfer of assets

This grants security for a debt on personal property while the debtor retains possession.
(http://www.practicallaw.com/9-102-1870)

Mentioned also in
http://europa.eu.int/comm/enterprise/entrepreneurship/suppor...

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Note added at 2 hrs 10 mins (2005-02-04 12:41:48 GMT)
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Or \"fiduciary transfer of title\" (http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/LAWANDJUSTIC... It may be better since \"[t]he German courts have stepped into the breach by recognizing what is called, in the case of movable property, Sicherungsübereignung, and in case of accounts receivable, Sicherungszession. Thus, in order to secure a debt, a debtor may transfer the ownership in a movable thing to his creditor. This does not require a transfer of possession. Likewise, he may assign a contract right to his creditor without giving notice to the third party. In both cases, the creditors acquires the full title to the movable or the account.\"

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Note added at 2 hrs 12 mins (2005-02-04 12:43:21 GMT)
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Typo \"creditor\" acquires not \"creditors\". The source for this was http://www.wirtschaftsrecht.uni-freiburg.de/gfr/Bristol/Koet...

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Note added at 2 hrs 21 mins (2005-02-04 12:52:58 GMT)
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Further information from the World Bank website.
\"The debtor remains in possession of the personal property, only legal title is transferred to the creditor. In the contract the creditor/fiduciary owner obliges himself, not to
Peer comment(s):

neutral RobinB : I'm unhappy about the "fiduciary" here, as there's no trust arrangement involved. Neither are the assets "transferred" in any legal sense.//Personally, I wouldn't trust the EU for terminology other than EU institutions. Certainly not anything financial!
7 mins
I share your misgivings but I think if the EU and the World Bank have used similar expressions, they have to stand. // How about the World Bank?
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1 hr

chattel mortgage

My accounting dictionary has chattel mortgage, which is a lien on property used as collateral for a loan.

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Note added at 8 hrs 55 mins (2005-02-04 19:27:00 GMT)
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I\'m glad I haven\'t used it much now - what\'s your recommendation?
Peer comment(s):

neutral RobinB : Chattel mortgages are normally encountered in lending arrangements, rather that as security for liabilities. (PS: which accounting dictionary would that be?)//Ah, the awful Andersen dictionary. Bin it!
45 mins
Hi Robin - it's called the Professional Dictionary: Accounting, Tax, Banking, EDP (Schäffel-Poeschel). I don't use it much but it has been useful on a few occasions.
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