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Companies Act 2006

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Companies Act 2006, Section 859O is up to date with all changes known to be in force on or before 11 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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  • 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):

[F1 859O Notification of addition to or amendment of chargeE+W+S+N.I.
This section has no associated Explanatory Notes

(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 F2 .

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

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Amendments (Textual)

F2Section 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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