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Companies Act 2006

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Companies Act 2006, Cross Heading: The register is up to date with all changes known to be in force on or before 17 December 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

  • Act amendment to earlier affecting provision S.I. 2008/373 reg. 11(1) by S.I. 2013/1971 reg. 9(a) (This amendment not applied to legislation.gov.uk. Amending Regulations revoked (1.10.2013) without ever being in force by S.I. 2013/2224, reg. 2)
  • Act amendment to earlier affecting provision S.I. 2008/373 reg. 3(4) by S.I. 2013/1971 reg. 4 (This amendment not applied to legislation.gov.uk. Amending Regulations revoked (1.10.2013) without ever being in force by S.I. 2013/2224, reg. 2)

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

[F1The registerE+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

859I Entries on the registerE+W+S+N.I.

(1)This section applies where a charge is registered in accordance with a provision of this Chapter.

(2)The registrar must—

(a)allocate to the charge a unique reference code and place a note in the register recording that reference code; and

(b)include in the register any documents delivered under section 859A(3) or (5), 859B(3), (4) or (7), or 859C(3).

(3)The registrar must give a certificate of the registration of the charge to the person who delivered to the registrar a section 859D statement of particulars relating to the charge.

(4)The certificate must state—

(a)the registered name and number of the company in respect of which the charge was registered; and

(b)the unique reference code allocated to the charge.

(5)The certificate must be signed by the registrar or authenticated by the registrar's official seal.

(6)In the case of registration under section 859A or 859B, the certificate is conclusive evidence that the documents required by the section concerned were delivered to the registrar before the end of the relevant period allowed for delivery.

(7)“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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

859J Company holding property or undertaking as trusteeE+W+S+N.I.

(1)Where a company is acting as trustee of property or undertaking which is the subject of a charge delivered for registration under this Chapter, the company or any person interested in the charge may deliver to the registrar a statement to that effect.

(2)A statement delivered after the delivery for registration of the charge must include—

(a)the registered name and number of the company; and

(b)the unique reference code allocated to the charge.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

859K Registration of enforcement of securityE+W+S+N.I.

(1)Subsection (2) applies where a person—

(a)obtains an order for the appointment of a receiver or manager of a company's property or undertaking, or

(b)appoints such a receiver or manager under powers contained in an instrument.

(2)The person must, within 7 days of the order or of the appointment under those powers—

(a)give notice to the registrar of that fact, and

(b)if the order was obtained, or the appointment made, by virtue of a registered charge held by the person give the registrar a notice containing—

(i)in the case of a charge created before 6th April 2013, the information specified in subsection (4);

(ii)in the case of a charge created on or after 6th April 2013, the unique reference code allocated to the charge.

(3)Where a person appointed receiver or manager of a company's property or undertaking under powers contained in an instrument ceases to act as such a receiver or manager, the person must, on so ceasing—

(a)give notice to the registrar of that fact, and

(b)give the registrar a notice containing—

(i)in the case of a charge created before 6th April 2013, the information specified in subsection (4), or

(ii)in the case of a charge created on or after 6th April 2013, the unique reference code allocated to the charge.

(4)The information referred to in subsections (2)(b)(i) and (3)(b)(i) is—

(a)the date of the creation of the charge;

(b)a description of the instrument (if any) creating or evidencing the charge;

(c)short particulars of the property or undertaking charged.

(5)The registrar must include in the register—

(a)a fact of which notice is given under subsection (2)(a), and

(b)a fact of which notice is given under subsection (3)(a).

(6)A person who makes default in complying with the requirements of subsections (2) or (3) of this section commits an offence.

(7)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.

(8)This section applies only to a receiver or manager appointed—

(a)by a court in England and Wales or Northern Ireland, or

(b)under an instrument governed by the law of England and Wales or Northern Ireland.

(9) This section does not apply to a receiver appointed under Chapter 2 of Part 3 of the Insolvency Act 1986 (receivers (Scotland)) F2 .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

859L Entries of satisfaction and releaseE+W+S+N.I.

(1)Subsection (5) applies if the statement set out in subsection (2) and the particulars set out in subsection (4) are delivered to the registrar with respect to a registered charge.

(2)The statement referred to in subsection (1) is a statement to the effect that—

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

(b)all or part of the property or undertaking charged—

(i)has been released from the charge, or

(ii)has ceased to form part of the company's property or undertaking.

(3)Where a statement within subsection (2)(b) relates to part only of the property or undertaking charged, the statement must include a short description of that part.

(4)The particulars referred to in subsection (1) are—

(a)the name and address of the person delivering the statement and an indication of their interest in the charge;

(b)the registered name and number of the company that—

(i)created the charge (in a case within section 859A or 859B), or

(ii)acquired the property or undertaking subject to the charge (in a case within section 859C);

(c)in respect of a charge created before 6th April 2013—

(i)the date of creation of the charge;

(ii)a description of the instrument (if any) by which the charge is created or evidenced;

(iii)short particulars of the property or undertaking charged;

(d)in respect of a charge created on or after 6th April 2013, the unique reference code allocated to the charge.

(5)The registrar must include in the register—

(a)a statement of satisfaction in whole or in part, or

(b)a statement of the fact that all or 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).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

859M Rectification of registerE+W+S+N.I.

(1)Subsection (3) applies if the court is satisfied that—

(a)there has been an omission or mis-statement in any statement or notice delivered to the registrar in accordance with this Chapter, and

(b)the requirement in subsection (2) is met.

(2)The requirement is that the court is satisfied—

(a)that the omission or mis-statement—

(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.

(3)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 omission or mis-statement be rectified.

(4)A copy of the court's order must be sent by the applicant to the registrar for registration.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

859N Replacement of instrument or debentureE+W+S+N.I.

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

(a)a copy of an instrument or debenture delivered to the registrar under this Chapter contains material which could have been omitted under section 859G;

(b)the wrong instrument or debenture was delivered to the registrar; or

(c)the copy was defective.

(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 copy of the instrument or debenture be removed from the register and replaced.

(3)A copy of the court's order must be sent by the applicant to the registrar for registration.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

859O Notification of addition to or amendment of chargeE+W+S+N.I.

(1)This section applies where, after the creation of a charge, the charge is amended by adding or amending a term that—

(a)prohibits or restricts the creation of any fixed security or any other charge having priority over, or ranking pari passu with, the charge; or

(b)varies, or otherwise regulates the order of, the ranking of the charge in relation to any fixed security or any other charge.

(2)Either the company that created the charge or the person taking the benefit of the charge (or another charge referred to in subsection (1)(b)) may deliver to the registrar for registration—

(a)a certified copy of the instrument effecting the amendment, variation or regulation, and

(b)a statement of the particulars set out in subsection (3).

(3)The particulars to be included in the statement are—

(a)the registered name and number of the company;

(b)in the case of a charge created before 6th April 2013—

(i)the date of creation of the charge;

(ii)a description of the instrument (if any) by which the charge was created or evidenced;

(iii)short particulars of the property or undertaking charged as set out when the charge was registered;

(c)in the case of a charge created on or after 6th April 2013, (where allocated) the unique reference code allocated to the charge.

(4) Subsections (1) to (3) do not affect the continued application of section 466 of the Companies Act 1985 F3 .

(5) In this section “ fixed security ” has the meaning given in section 486(1) of the Companies Act 1985. ]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F3Section 466 is repealed by section 46(1) of the Bankruptcy and Diligence etc (Scotland) Act 2007 (2007 asp 3) from a day to be appointed.

Modifications etc. (not altering text)

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