Dictionary

Lien

“A creditor's legal right over an asset, such as property or equipment, until a debt is paid, which can stop the owner selling it freely. In UK usage a lien is usually a right to keep goods until paid, while a lender's security over company assets is called a charge.”

Why lien matters to a first-time founder

A lien can restrict the sale or refinancing of an asset and gives its holder rights if an obligation is not met. Founders should know which company assets are encumbered, the priority between competing claims and how a lien is released. Creation and enforcement rules vary by jurisdiction.

Examples of lien

A company borrows ¥10 million to buy machinery and grants the lender security over that machinery. The relevant filing gives notice of the lender’s claim. If the company defaults, the lender may enforce its rights against the asset under the agreement and applicable insolvency and security law.

Common misunderstanding

A lien is not ownership of the asset and does not always permit immediate seizure. It is a legal claim or security interest whose effect depends on its type, priority, perfection or registration and local law. Some liens arise by contract, while others arise automatically under statute.

When to use it

Check for liens before buying assets, accepting collateral, borrowing or selling a company. Record filing details and release requirements, and obtain jurisdiction-specific advice for enforcement. If a lender requires broad security over all assets, understand how that may limit later financing before agreeing.