Debt Finance Flashcards
Relevant CA provisions
(Purple)
Stuff in relation to directors’ powers to bind company in yellow
s. 39 - company’s capacity
s. 40 - powers of directors to bind company
S.859A - registrar will register charge if
company or any person interest in
charge delivers s.859D statement
of particulars + certified copy of
the instrument, within 21 days
s.859D - details of statement of particulars
s.859F - court can extend period for
delivery
s.859H - if fail to deliver in time, charges
void against liquidator, creditor, +
administrator and money due
becomes immediately repayable.
s.859I - registrar gives certificate which is
conclusive evidence that charge
was properly registered in time.
s.859 P - company must keep copies of
instruments
s.859Q - instruments must be available for
inspection.
