Blasco SchneiderLegal library
Home›Library›Companies Act 19,550›Art. 327
Companies Act 19,550 · Article 327 — Floating security

Debentures with floating security (art. 327 LGS)

Article 327 of the General Companies Law defines the floating security: it charges to payment all present and future assets of the company, with the privileges of pledge, mortgage or antichresis.

Source: Act 19,550

What article 327

Article 327 governs the floating security of debentures.

Official text · Act 19,550, art. 327

The issuance of debentures with floating security charges to their payment all rights, movable and immovable property, present and future, or a part thereof, of the issuing company, and grants the privileges corresponding to pledge, mortgage or antichresis, as the case may be. It is not subject to the formal provisions governing those rights in rem.

Source: Law 19,550, art. 327 — InfoLEG (updated official text)

Commentary

The floating security 'encumbers' the entire assets without immobilizing them: the company continues operating and disposing of its assets, but the debenture holder has a privilege that materializes if a default occurs (art. 328).

This page is informational and does not constitute legal advice nor replace professional consultation. It quotes the official text of the rule; for its application to a specific case, consult a licensed professional.

Do you need advice on this matter?

The firm is headquartered in Buenos Aires, Argentina, and advises clients worldwide.

Contact the firm