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The Overseas Companies (Execution of Documents and Registration of Charges) Regulations 2009

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Copies of instruments and company's register of charges to be available for inspectionU.K.

This section has no associated Explanatory Memorandum

25.—(1) This regulation applies to—

(a)documents required to be kept available for inspection under regulation 23 (copies of instruments creating charges), and

(b)a company's register of charges kept in pursuance of regulation 24.

(2) The documents and register must be kept available for inspection at a location in the United Kingdom at which the company carries on business notified to the registrar in accordance with paragraph (3).

(3) The company must give notice to the registrar—

(a)of the place at which the documents and register are kept available for inspection, within [F121] days of the first [F2entry on the register] of a charge under [F3regulation 24(1)], and

(b)of any change in that place, within 14 days of any such change.

(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 £3.50 for each hour or part of an hour during which the right of inspection is exercised.

(5) If default is made in complying with paragraph (3) or an inspection required under paragraph (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 regulation 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 paragraph (4) is refused the court may by order compel an immediate inspection.

Textual Amendments

F1Word in reg. 25(3)(a) substituted (coming into force in accordance with reg. 1(3) of the amending S.I.) by The Overseas Companies (Execution of Documents and Registration of Charges) (Amendment) Regulations 2011 (S.I. 2011/2194), regs. 1(2), 2(6)(a) (with reg. 3)

F2Words in reg. 25(3)(a) substituted (coming into force in accordance with reg. 1(3) of the amending S.I.) by The Overseas Companies (Execution of Documents and Registration of Charges) (Amendment) Regulations 2011 (S.I. 2011/2194), regs. 1(2), 2(6)(b) (with reg. 3)

F3Words in reg. 25(3)(a) substituted (coming into force in accordance with reg. 1(3) of the amending S.I.) by The Overseas Companies (Execution of Documents and Registration of Charges) (Amendment) Regulations 2011 (S.I. 2011/2194), regs. 1(2), 2(6)(c) (with reg. 3)

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