Week 13 - Registration of Charges Flashcards
All charges created by the company are now…
Registrable
What is the period for registration?
Period for registration is 21 days starting with the day after charge created
What does the Registrar of Companies House do after registration?
Issue a certificate to show it has been done
What happens if a charge is not registered?
The charge will be invalid, meaning in the case of insolvency, the creditor may lose their right to be paid in the order of priorities at the start
It is also possible to grant…
More than one fixed charge over assets (particularly where the asset has significantly grown in value and hence could accommodate such charges)
What is a consequence of non-registration (around debt)?
Debt remains valid, indeed the money advanced against the charge becomes immediately repayable
What else used to happen as a consequence of non-registration?
Criminal sanctions