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

Charges requiring registration

9.—(1) A charge requires registration under this Part if—

(a) it is created by a company to which this Part applies,

(b) the property subject to the charge is situated in the United Kingdom, and

(c) the charge is of a type requiring registration.

(2) Whether the conditions in paragraph (1)(a) and (b) are met is determined when the charge is created.

(3) The types of charge requiring registration are—

(a) a charge on land or any interest in land, other than a charge for rent or any other periodical sum issuing out of (in Scotland, payable in respect of) land;

(b) a charge created or evidenced by an instrument that, if executed by an individual, would require registration as a bill of sale;

(c) a charge for the purposes of securing any issue of debentures;

(d) a charge on uncalled share capital of the company;

(e) a charge on calls made but not paid;

(f) a charge on book debts of the company;

(g) a floating charge on the company’s property or undertaking;

(h) a charge on a ship or aircraft, or any share in a ship;

(i) a charge on goodwill or on any intellectual property.

(4) For the purposes of paragraph (3)(a)—

(a) a charge on land includes a charge created by a heritable security within the meaning of section 9(8) of the Conveyancing and Feudal Reform (Scotland) Act 1970(1); and

(b) the holding of debentures entitling the holder to a charge on land is not an interest in the land.

(5) For the purposes of paragraph (3)(f) the deposit by way of security of a negotiable instrument given to secure the payment of book debts is not a charge on those book debts.

(6) For the purposes of paragraph (3)(i), “intellectual property” means—

(a) any patent, trade mark, registered design, copyright or design right; or

(b) any licence under or in respect of any such right.

(1)

1970 c.35.