Also known as:impignorations · impignorata · impignorare · pawning · pledge
Written by attorneys · grounded in primary & secondary sources — see below
The act of pledging or pawning property as security for an obligation.
Sources & Authorities
How it applies
Common Examples
6
Equipment Security Pledge
Isla Ireland needed operating funds and authorized impignoration of her business equipment to a supplier. The supplier took possession of the items as collateral for credit extended. Upon repayment Isla recovered the pledged equipment free of the security interest.
Corporate Asset Pledge
Ironwood Capital needed operating capital and authorized its officers to impignorate equipment and inventory. No shareholder vote occurred because the transaction fell under ordinary-course authority. The board recorded the pledge in the minutes without further approval.
Select any source to read its text and confirm it supports the definition.
Cases
Uniform Acts
Model Codes
Common Law
Restatements
Dictionaries
Iris Energy sought a loan and resolved to impignorate a parcel of undeveloped land. The resolution cited the corporation's power to mortgage or pledge any part of its property. Lenders accepted the pledge and recorded the security interest.
Entity Interest Pledge
Icarus Aviation acquired shares in a supplier and later decided to impignorate those shares to secure new financing. The transaction was documented as a pledge of interests in another entity. The lender perfected its security interest in the shares.
Secured Borrowing Resolution
Infinity Bank issued bonds and resolved to impignorate its franchise rights and future income streams. The resolution expressly authorized the pledge of corporate property to secure the obligations. Bondholders received perfected security interests in the pledged assets.
Laundry Business Pledge
Ines Ibarra operated a laundry and pledged her equipment to a supplier for credit. The supplier accepted the impignoration as security for the unpaid invoices. When Ines defaulted, the supplier enforced its rights under the pledge agreement.
Yick Wo v. Hopkins118 U.S. 356 (1886)
Common questions
Frequently Asked
3
What does impignoration require to create a valid security interest?+
The act must involve a voluntary transfer of possession or a recorded interest in the property to the pledgee. The pledgor must intend to create security for an obligation. Courts examine whether the transaction meets the formal requirements of the governing statute or common-law rule.
Supporting sources
Does impignoration differ from a mortgage?+
Impignoration historically transfers possession of the pledged item to the creditor. A mortgage typically leaves possession with the debtor and creates a lien on real property. Modern statutes often treat both as forms of security interests but retain the historical distinction in terminology.
Supporting sources
Can a corporation impignorate assets without shareholder approval?+
Model Business Corporation Act provisions allow a board to mortgage or pledge corporate assets in the ordinary course without shareholder consent unless the articles require otherwise. The act treats such pledges as within the corporation's general powers to incur secured obligations.
576 U.S. 644 (2015)Legislation and Regulation
…a building block of our national community. For that reason, just as a couple vows to support each other, so does society pledge to support the couple, offering symbolic recognition and material benefits to protect and nourish the union. Indeed, while the States are in general free to vary the benefits they confer on…