Land Registration Act 2002 Explanatory Notes

Section 121: Forwarding of applications to registrar of companies

193.Where a company creates a legal charge over its property, that charge will not only be registrable under the Act, but it will also be required to be registered under the Companies Act 1985. Registration in the Companies Register under the Companies Act 1985 fulfils a wholly different function from registration in the register of title. It does not affect the priority of competing charges over a company’s property. Its intended purpose is to protect actual or potential creditors by making the liabilities of a company apparent on the face of the register.

194.If rules were made under this section and other provisions of the Act it might, for example, be possible to make a combined application in electronic form to the Land Registry to register the charge in the register and for that application then to be forwarded to Companies House for registration in the Companies Register.

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