Registration of Charges

Registration of Charges in United Kingdom

History of Registration of Mortgages and Charges

A company is bound, under the Companies Act 1862, to keep a register of mortgages and charges, but the register is only open for the inspection of persons who have actually become creditors of the company, not of persons who may be thinking of giving it credit, and the legislature recognizing its inadequacy provided in the Companies Act 1900 (§ 4 of act of 1908) for a public register at Somerset House of all mortgages and charges of certain specified classes by a company.

If not registered within twenty-one days from their creation such mortgages and charges are made void—so far as they are securities—against the liquidator and any creditor of the company, but the debenture-holders retain the rights of unsecured creditors. An extension of the time for registering may be granted by the court, but it will only be without prejudice to the rights of third persons acquired before actual registration. These provisions for registration as amended are contained in the Companies Act 1908 (§ 93). (1)

Company Law: Security for borrowing – company charges

Register of Company Charges

Find under this subsection information about Register of Company Charges in relation to Company Law: Security for borrowing – company charges.

Disclosure obligations in Limited Liability Partnerships

Registration of charges

Find under this subsection information about Registration of charges in relation to Disclosure obligations in Limited Liability Partnerships.

Company Law: Security for borrowing – company charges

Registration of Company Charges

Find under this subsection information about Registration of Company Charges in relation to Company Law: Security for borrowing – company charges.

Resources

Notes and References

  1. Encyclopedia Britannica (1911)

See Also

Further Reading


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