C6C1C2Part 25Company charges
Pt. 25 excluded (17.2.2009 for certain purposes, otherwise 21.2.2009) by Banking Act 2001 (c. 1), s. 252(1) (with s. 247); S.I. 2009/296, arts. 2, 3, Sch.
Pts. 1-39 (except for Pt. 7 and ss. 662-669), 45-47 extended (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), art. 5(1), Sch. 1 para. 2
F1F1Chapter 2Companies registered in Scotland
Pt. 25 Chs. 1, 2 repealed (6.4.2013) by The Companies Act 2006 (Amendment of Part 25) Regulations 2013 (S.I. 2013/600), regs. 1, 3
Companies' records and registers
C3890Copies of instruments creating charges to be kept by company
1
Every company shall cause a copy of every instrument creating a charge requiring registration under this Chapter to be kept available for inspection.
2
In the case of a series of uniform debentures, a copy of one debenture of the series is sufficient.
C4891Company's register of charges
1
Every company shall keep available for inspection a register of charges and enter in it all charges specifically affecting property of the company, and all floating charges on any property of the company.
2
There shall be given in each case a short description of the property charged, the amount of the charge and, except in the case of securities to bearer, the names of the persons entitled to it.
3
If an officer of the company knowingly and wilfully authorises or permits the omission of an entry required to be made in pursuance of this section, he commits an offence.
4
A person guilty of an offence under this section is liable—
a
on conviction on indictment, to a fine;
b
on summary conviction, to a fine not exceeding the statutory maximum.
C5I1892Instruments creating charges and register of charges to be available for inspection
1
This section applies to—
a
documents required to be kept available for inspection under section 890 (copies of instruments creating charges), and
b
a company's register of charges kept in pursuance of section 891.
2
The documents and register must be kept available for inspection—
a
at the company's registered office, or
b
at a place specified in regulations under section 1136.
3
The company must give notice to the registrar—
a
of the place at which the documents and register are kept available for inspection, and
b
of any change in that place,
unless they have at all times been kept at the company's registered office.
4
The documents and register shall be open to the inspection—
a
of any creditor or member of the company without charge, and
b
of any other person on payment of such fee as may be prescribed.
5
If default is made for 14 days in complying with subsection (3) or an inspection required under subsection (4) is refused, an offence is committed by—
a
the company, and
b
every officer of the company who is in default.
6
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 3 on the standard scale.
7
If an inspection required under subsection (4) is refused the court may by order compel an immediate inspection.
Pt. 25 modified (10.1.2015) by The Building Societies (Bail-in) Order 2014 (S.I. 2014/3344), arts. 1, 3(3)