Glossary entry

Hebrew term or phrase:

משועבד

English translation:

pledged, under lien, under obligation

Added to glossary by Joab Eichenberg-Eilon
Dec 4, 2011 10:04
12 yrs ago
4 viewers *
Hebrew term

משועבד

Hebrew to English Law/Patents Finance (general) הלוואות ושיעבודים
החברה משועבדת לבנק...
Change log

Feb 13, 2012 15:59: Joab Eichenberg-Eilon Created KOG entry

Proposed translations

5 hrs
Selected

pledged, under lien, under obligation

שיעבוד is a term of any subjugation of an asset of one owner to another, including mortgages, liens etc. See Ma'ot terminology: מְשׁוּעבַּד = לועזית: encumbered (http://www.maot.co.il/lex3/glossary/g_4699.asp) = רכוש שיש למישהו קניין לגביו אבל יש נגדו תביעה או התחייבות להעניקו לאחר
The most general term, I think, would be lien rather than mortgage. The Securities Regulations (Preparation of Financial Reports) require listing the liabilities of the corporation, secured through the lien on its assets, by category of the type of שיעבוד and משועבד asset. If it is an account, the term hypothecated is applicable (http://www.maot.co.il/lex3/glossary/g_2954.asp). For other assets, pledged is more appropriate (http://www.maot.co.il/lex3/glossary/g_5080.asp). Another option is under obligation (http://www.maot.co.il/lex3/glossary/g_2300.asp).

The above suggestions are the broadest. With further context it is possible to choose a more precise term. For example, Under English law and in common law jurisdictions derived from English law, there are eight types of proprietary security interests: (1) 'true' legal mortgage; (2) equitable mortgage; (3) statutory mortgage; (4) fixed equitable charge, or bill of sale; (5) floating equitable charge; (6) pledge, or pawn; (7) legal lien; (8) equitable lien; and (9) hypothecation, or trust receipt. (WikiPedia, link below)
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4 KudoZ points awarded for this answer.
11 mins

attached

In this case it means that the bank has a lien on the company; the company is attached to the bank by a lien.
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+1
21 mins

mortgaged

It is not normal to say that the company is mortgaged to the bank. More normal is "the bank holds a mortgage over the company's property (assets)".
Peer comment(s):

agree judithyf
3 hrs
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48 mins

the company is indebted to the bank

My business dictionary gives:
"mortgaged, under lien, bonded"

...but I can find no real corroborating entries to support these. I have seen examples of the kind:
"the Company is indebted to the Bank in the sum of one hundred thousand dollars, secured by a mortgage "
ftp.resource.org/courts.gov/c/F1/0125/001/00000864.txt

Just a suggestion.

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1 hr

The company is hypothecated to the bank

My suggestion.
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23 hrs

charged

the company is charged in favor of the bank
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24 days

obligated

The Company is obligated to the bank.

Obligated = to pledge, commit, or bind (funds, property, etc.) to meet an obligation (obligation = any bond, note, bill, certificate, or the like, as of a government or a corporation, serving as evidence of indebtedness).
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