The Overseas Companies (Execution of Documents and Registration of Charges) Regulations 2009

Introduction

Application and interpretation of Part

8.—(1) This Part applies to an overseas company that is registered (as defined below).

(2) For the purposes of this Part—

(a) an overseas company becomes registered when it complies with Part 2 (initial registration of particulars) of the Overseas Companies Regulations 2009(1) in respect of one or more UK establishments and those particulars are registered, and

(b) an overseas company ceases to be registered when it gives notice under regulation 77 (notice of closure of UK establishment) of those regulations in respect of all its UK establishments and that notice is registered.

(3) For the purposes of this Part the particulars and notice referred to in paragraph (2) are not treated as registered unless and until they are on the register and accordingly available for public inspection.

(4) In this Part “charge”—

(a) in England and Wales and Northern Ireland, includes a mortgage;

(b) in Scotland, includes any right in security.

(5) In relation to a charge created under the law of Scotland, references in this Part to the date of creation of the charge are to—

(a) in the case of a floating charge, the date on which the instrument creating the floating charge was executed by the company creating the charge;

(b) in any other case, the date on which the right of the person entitled to the benefit of the charge was constituted as a real right.

(1)

S.I. 2009/1801.