Difference between Hypothecation and Pledge :
HYPOTHECATION | PLEDGE |
A Applicable to movable goods/assets | Applicable to movable goods/assets |
B Ownership remains with the borrower | Ownership remains with the borrower |
C Possession remains with the borrower | Possession is held by the lender |
D Defined under SARFAESI Act | Defined under Indian Contract Act |
E Legal document is hypothecation Agreement | Legal document is deed of pledge |
F In case the borrower is a Limited Company registration of charge with ROC is a must | In case the borrower is a Limited Company, registration of charge with ROC is not applicable |