C2C3Part 25Company charges

Annotations:
Modifications etc. (not altering text)
C2

Pt. 25 excluded (17.2.2009 for certain purposes, otherwise 21.2.2009) by Banking Act 2001 (c. 1), s. 252(1) (with s. 247); S.I. 2009/296, arts. 2, 3, Sch.

F1CHAPTER A1Registration of company charges

Annotations:
Amendments (Textual)

Consequence of non-delivery

C1859HConsequence of failure to deliver charges

1

This section applies if—

a

a company creates a charge to which section 859A or 859B applies, and

b

the documents required by section 859A or (as the case may be) 859B are not delivered to the registrar by the company or another person interested in the charge before the end of the relevant period allowed for delivery.

2

“The relevant period allowed for delivery” is—

a

the period allowed for delivery under the section in question, or

b

if an order under section 859F(3) has been made, the period allowed by the order.

3

Where this section applies, the charge is void (so far as any security on the company's property or undertaking is conferred by it) against—

a

a liquidator of the company,

b

an administrator of the company, and

c

a creditor of the company.

4

Subsection (3) is without prejudice to any contract or obligation for repayment of the money secured by the charge; and when a charge becomes void under this section, the money secured by it immediately becomes payable.