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Companies Act 2006

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This is the original version (as it was originally enacted).

The register of charges

869Register of charges to be kept by registrar

(1)The registrar shall keep, with respect to each company, a register of all the charges requiring registration under this Chapter.

(2)In the case of a charge to the benefit of which holders of a series of debentures are entitled, the registrar shall enter in the register the required particulars specified in section 863(2).

(3)In the case of a charge imposed by the Enforcement of Judgments Office under Article 46 of the Judgments Enforcement (Northern Ireland) Order 1981, the registrar shall enter in the register the date on which the charge became effective.

(4)In the case of any other charge, the registrar shall enter in the register the following particulars—

(a)if it is a charge created by a company, the date of its creation and, if it is a charge which was existing on property acquired by the company, the date of the acquisition,

(b)the amount secured by the charge,

(c)short particulars of the property charged, and

(d)the persons entitled to the charge.

(5)The registrar shall give a certificate of the registration of any charge registered in pursuance of this Chapter, stating the amount secured by the charge.

(6)The certificate—

(a)shall be signed by the registrar or authenticated by the registrar’s official seal, and

(b)is conclusive evidence that the requirements of this Chapter as to registration have been satisfied.

(7)The register kept in pursuance of this section shall be open to inspection by any person.

870The period allowed for registration

(1)The period allowed for registration of a charge created by a company is—

(a)21 days beginning with the day after the day on which the charge is created, or

(b)if the charge is created outside the United Kingdom, 21 days beginning with the day after the day on which the instrument by which the charge is created or evidenced (or a copy of it) could, in due course of post (and if despatched with due diligence) have been received in the United Kingdom.

(2)The period allowed for registration of a charge to which property acquired by a company is subject is—

(a)21 days beginning with the day after the day on which the acquisition is completed, or

(b)if the property is situated and the charge was created outside the United Kingdom, 21 days beginning with the day after the day on which the instrument by which the charge is created or evidenced (or a copy of it) could, in due course of post (and if despatched with due diligence) have been received in the United Kingdom.

(3)The period allowed for registration of particulars of a series of debentures as a result of section 863 is—

(a)if there is a deed containing the charge mentioned in section 863(1), 21 days beginning with the day after the day on which that deed is executed, or

(b)if there is no such deed, 21 days beginning with the day after the day on which the first debenture of the series is executed.

871Registration of enforcement of security

(1)If a person obtains an order for the appointment of a receiver or manager of a company’s property, or appoints such a receiver or manager under powers contained in an instrument, he shall within 7 days of the order or of the appointment under those powers, give notice of the fact to the registrar.

(2)Where a person appointed receiver or manager of a company’s property under powers contained in an instrument ceases to act as such receiver or manager, he shall, on so ceasing, give the registrar notice to that effect.

(3)The registrar must enter a fact of which he is given notice under this section in the register of charges.

(4)A person who makes default in complying with the requirements of this section commits an offence.

(5)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 3 on the standard scale.

872Entries of satisfaction and release

(1)Subsection (2) applies if a statement is delivered to the registrar verifying with respect to a registered charge—

(a)that the debt for which the charge was given has been paid or satisfied in whole or in part, or

(b)that part of the property or undertaking charged has been released from the charge or has ceased to form part of the company’s property or undertaking.

(2)The registrar may enter on the register a memorandum of satisfaction in whole or in part, or of the fact part of the property or undertaking has been released from the charge or has ceased to form part of the company’s property or undertaking (as the case may be).

(3)Where the registrar enters a memorandum of satisfaction in whole, the registrar shall if required send the company a copy of it.

873Rectification of register of charges

(1)Subsection (2) applies if the court is satisfied—

(a)that the failure to register a charge before the end of the period allowed for registration, or the omission or mis-statement of any particular with respect to any such charge or in a memorandum of satisfaction—

(i)was accidental or due to inadvertence or to some other sufficient cause, or

(ii)is not of a nature to prejudice the position of creditors or shareholders of the company, or

(b)that on other grounds it is just and equitable to grant relief.

(2)The court may, on the application of the company or a person interested, and on such terms and conditions as seem to the court just and expedient, order that the period allowed for registration shall be extended or, as the case may be, that the omission or mis-statement shall be rectified.

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