Hypothecation

Hypothecation

: "See also hypothec."

The original use of the word hypothecation was for a pledge of property as collateral for a debt without transfer of possession to the party making the loan. The arrangement is common with modern mortgages - the borrower retains legal ownership of the property but provides the lender with a lien over the property until the debt is paid off.

Rehypothecation is when a broker pledges hypothecated client-owned securities in a margin account to secure a bank loan. Hypothecation is usually used for mortgages; other securities typically use collateral.

A more recent use of the word is as a contraction of "hypothetical dedication", as in a "dedicated tax" to be collected for a specific purpose. (This may be a spurious origin of the word, since the original definition of hypothecation as a pledging of assets could also be applied: the expected revenue from the tax in question being pledged to a particular cause). Dedicated taxes are often subject to unexpected shortfalls and surpluses. This may create political pressure to adjust the tax, to budget non-dedicated revenues for the purpose in question, or to reallocate surplus funds to other purposes.

Examples

Examples of hypothecation in the latter sense include the gasoline tax in the United States, which is dedicated to the funding of transportation infrastructure. A common example in many European countries is a television licence. Here, all owners of televisions are obliged to pay the government an annual fee to use their televisions. The proceeds of the fee are then used to fund public broadcasting. Another example is a dedicated tax on the private trading of securities (for example, 0.3 cents per dollar traded) used to fund public infrastructure programs directly (such as the building of a water treatment plant) or to pay the finance costs of such programs.

ee also

* Conscientious objection to military taxation
* "Religious Freedom Peace Tax Fund Act"
* Security interest - hypothecation

References


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Look at other dictionaries:

  • hypothecation — I noun collateral, contract of mortgage, contract of pledge, creation of a lien, guarantee, lien, mortgage, pledge, security associated concepts: hypothecated property II index charge (lien), cloud (incum …   Law dictionary

  • Hypothecation — Hy*poth e*ca tion, n. [LL. hypothecatio.] 1. (Civ. Law) The act or contract by which property is hypothecated; a right which a creditor has in or to the property of his debtor, in virtue of which he may cause it to be sold and the price… …   The Collaborative International Dictionary of English

  • hypothecation — A Roman law name for a pawn or pledge wherein the feigned pledge remained in the possession of the pledgor. 41 Am J1st Pldg & Col § 2. A contract whereby, without change of possession, specific property is designated as security for the payment… …   Ballentine's law dictionary

  • hypothecation — (1) An archaic term for pledging that did not involve either possession or title transfer. (2) Any pledge of an asset as collateral for a debt. (An uncommon but correct usage.) (3) The pledge of marketable securities or deposits to secure a loan… …   Financial and business terms

  • hypothecation — 1) An authority given to a banker, usually as a letter of hypothecation, to enable the bank to sell goods that have been pledged to them as security for a loan. It applies when the bank is unable to obtain the goods themselves. The goods have… …   Accounting dictionary

  • hypothecation — 1) An authority given to a banker, usually as a letter of hypothecation, to enable the bank to sell goods that have been pledged (see pledge) to them as security for a loan. It applies when the bank is unable to obtain the goods themselves. The… …   Big dictionary of business and management

  • hypothecation — hə̇ˌpäthəˈkāshən, (ˌ)hīˌ noun ( s) Etymology: Medieval Latin hypothecation , hypothecatio, from hypothecatus (past participle) + Latin ion , io ion 1. Roman, civil, & maritime law : the act or contract by which property (as real property) is… …   Useful english dictionary

  • hypothecation certificate — noun : a certificate attached to a bill of exchange empowering the holder to dispose of merchandise if payment or acceptance is refused called also letter of hypothecation …   Useful english dictionary

  • hypothecation — noun see hypothecate I …   New Collegiate Dictionary

  • hypothecation — See hypothecate. * * * …   Universalium

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