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Related to Hypothecation: hypothecation agreement


In banking, refers to the commitment of property to secure a loan.

In securities, refers to the commitment of securities to serve as collateral for margin loans at the broker-dealer firm.
Copyright © 2012, Campbell R. Harvey. All Rights Reserved.


To pledge an asset as collateral on a loan without the lender taking possession of the collateral. It especially applies to mortgages: the borrower hypothecates when he/she pledges the house as collateral for payment of the mortgage, or he/she may hypothecate the mortgage in order to borrow against the value of the house. In both situations the borrower retains the house, but the lender has the right to take possession if the borrower does not service the debt. Hypothecation also occurs in trading: a broker will allow an investor to borrow money to purchase securities with those securities as collateral. The investor owns the securities but the broker may take them if the debt is not serviced, or if the value of the securities falls below a certain level. See also: Foreclosure, Margin account.
Farlex Financial Dictionary. © 2012 Farlex, Inc. All Rights Reserved


Hypothecation means pledging an asset as collateral for a loan.

If you use a margin account to buy on margin or sell short, for example, you pledge securities (stocks, bonds, or other financial instruments) as collateral for the debt. If the brokerage firm issues a margin call that you don't meet, it can sell those securities to cover its losses.

Similarly, if you arrange a mortgage on your home, you give the lender the right to sell your home if you fail to meet your obligation to make mortgage payments.

Hypothecation may make it easier for you to secure a loan, but you do run the risk of losing the asset if for some reason you default on your obligation to repay according the terms of the agreement.

Dictionary of Financial Terms. Copyright © 2008 Lightbulb Press, Inc. All Rights Reserved.
References in periodicals archive ?
This leads to proposals for new forms of funding for Australian content production, such as the hypothecation of the commercial broadcasters' licence fee rebates, and the expansion of the Producer Offset tax incentive to include a wider variety of genres.
Tory council leader Mike Whitby accused Labour of 'hypothecation', claiming they should not assume they will be back next year.
But the following will not constitute a disposition: (i) a transfer from a decedent to an estate or a transfer by bequest or inheritance; (ii) certain exchanges pursuant to a corporate reorganization or exchanges of stock for stock of the same corporation or a controlled corporation; or (iii) the making of a mere pledge or hypothecation. Additionally, the acquisition of stock as a joint tenant with right of survivorship or transfer of stock to joint ownership will not constitute a disposition until the joint tenancy is terminated.
The court had also expressed surprise over public sector banks providing loans to the tune of Rs 10,000 crores to the 2G spectrum licensees on the basis of hypothecation of their respective licenses.
35 lacs and the loan would be secured against hypothecation of construction/mining equipment.
The issue is secured by first pari passu charge on movable and immovable assets by way of equitable mortgage of immovable properties and hypothecation of movable assets with a 25% margin.
The buyers of these securities have signed hypothecation agreements with their brokers that define a set of property rights.
The tour operator hired 15 buses from Tata through methods of hire purchase and hypothecation over a period of four years.
An example is the civil law provisions containing the right to take possession and the right of hypothecation. Even where such rights to take possession or hypothecate are conferred, care must be taken to ensure that legal norms are observed in the process.
The answer to that, of course, is a set of entirely different questions about hypothecation and the strange rule-bound thing that is the UK economy.
Some of the merits and demerits of hypothecation will be illustrated in the course of this article.
In launching his campaign, Brennan singled out child endowment, the abolition of sales and payroll tax, government home loan guarantees, and the hypothecation of fuel taxes for roads.