Co-operative and Community Benefit Societies Act 2014

63 Filing of information relating to charges created by virtue of section 62 S

(1) This section applies in relation to a floating charge created by a registered society under the relevant provisions as applied by section 62.

(2) The following must be delivered to the FCA (by post or otherwise) within the period of 21 days beginning with the day of execution of the instrument creating the charge (or within any extended period allowed under subsection (6))—

(a) a copy of the instrument, authenticated in the manner directed by the FCA,

(b) a note, authenticated in the manner directed by the FCA, of such particulars relating to the charge as may be required by the FCA, and

(c) the appropriate fee.

(3) If subsection (2) is not complied with, the charge is void against any person other than the society.

(4) Where a person delivers to the FCA a document within subsection (2)(a) or (b) together with the appropriate fee, the FCA must—

(a) give the person an acknowledgement, bearing the FCA’s seal, that states the date and time of delivery,

(b) place the document and a copy of the acknowledgement on a file kept by the FCA in respect of the society, and

(c) make the file available for inspection during office hours by members of the public on payment of the appropriate fee.

(5) Subsection (6) applies if it appears to the FCA (on the application of the society or any other person claiming the benefit of the instrument) that by reason of inadvertence or other sufficient cause—

(a) a duly authenticated copy of the instrument was not delivered to the FCA within the period of 21 days mentioned in subsection (2), or

(b) any matters were omitted from, or mis-stated in, the note under subsection (2)(b).

(6) The FCA may, on such terms as it considers appropriate, give a direction—

(a) extending the period, or

(b) requiring the omission or mis-statement to be rectified.

(7) “The appropriate fee” means the fee required by rules made by the FCA (in accordance with paragraph 23 of Schedule 1ZA to the Financial Services and Markets Act 2000).