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Part 25U.K.Company charges

Modifications etc. (not altering text)

C4Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))

C5Pt. 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.

[F1 CHAPTER A1 U.K.Registration of company charges

Textual Amendments

Consequence of non-deliveryU.K.

859H Consequence of failure to deliver chargesU.K.

(1)This section applies if—

(a)a company creates a charge to which section 859A or 859B applies, and

(b)the documents required by section 859A or (as the case may be) 859B are not delivered to the registrar by the company or another person interested in the charge before the end of the relevant period allowed for delivery.

(2)“The relevant period allowed for delivery” is—

(a)the period allowed for delivery under the section in question, or

(b)if an order under section 859F(3) has been made, the period allowed by the order.

(3)Where this section applies, the charge is void (so far as any security on the company's property or undertaking is conferred by it) against—

(a)a liquidator of the company,

(b)an administrator of the company, and

(c)a creditor of the company.

(4)Subsection (3) is without prejudice to any contract or obligation for repayment of the money secured by the charge; and when a charge becomes void under this section, the money secured by it immediately becomes payable.]

Modifications etc. (not altering text)