C1C2Part XII Registration of Charges
Pt. XII (ss. 395-424) excluded (21.2.2009) by Banking Act 2009 (c. 1), ss. {252(2)(a)}, 263(1)(2) (with s. 247); S.I. 2009/296, arts. 2, 3, Sch. para. 11
F1F1Chapter I Registration of Charges (England and Wales)
Ss. 395-424 repealed (1.10.2009) by Companies Act 2006 (c. 46), ss. 1295, 1300, Sch. 16; S.I. 2008/2860, art. 4, Sch. 1 (with arts. 5, 7, 8, Sch. 2 (as amended by S.I. 2009/1802, art. 18, Sch.))
C3X1396 Charges which have to be registered.
1
Section 395 applies to the following charges—
a
a charge for the purpose of securing any issue of debentures,
b
a charge on uncalled share capital of the company,
c
a charge created or evidenced by an instrument which, if executed by an individual, would require registration as a bill of sale,
d
a charge on land (wherever situated) or any interest in it, but not including a charge for any rent or other periodical sum issuing out of the land,
e
a charge on book debts of the company,
f
a floating charge on the company’s undertaking or property,
g
a charge on calls made but not paid,
h
a charge on a ship or aircraft, or any share in a ship,
2
Where a negotiable instrument has been given to secure the payment of any book debts of a company, the deposit of the instrument for the purpose of securing an advance to the company is not, for purposes of section 395, to be treated as a charge on those book debts.
3
The holding of debentures entitling the holder to a charge on land is not for purposes of this section deemed to be an interest in land.
F33A
The following are 'intellectual property’ for the purposes of this section—
b
any licence under or in respect of any such right.
4
In this Chapter, “charge” includes mortgage.
Pt. XII (ss. 395 - 424) extended (with modifications) by S.I. 1989/638, regs. 18, 21, Sch. 4 para. 4