PART 14E+WMISCELLANEOUS AND SPECIAL CASES

Companies and other corporationsE+W

Registration of companies and limited liability partnershipsE+W

F1181.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Registration of trustees of charitable, ecclesiastical or public trustE+W

182.—(1) Subject to paragraph [F2(2)], where a corporation or body of trustees holding on charitable, ecclesiastical or public trusts applies to be registered as proprietor of a registered estate or registered charge, the application must be accompanied by the document creating the trust.

F3(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(2)]  Paragraph (1) of this rule does not apply in the case of a registered estate or a registered charge held by or in trust for a non-exempt charity.

Textual Amendments

[F5Registration of certain corporations]E+W

[F5183.—(1) Where a corporation to which this rule applies makes an application to be registered as proprietor of a registered estate or registered charge the application must also be accompanied by evidence of the extent of its powers to hold and sell, mortgage, lease and otherwise deal with, or to lend money on a mortgage or charge of, land.

(2) The evidence must include—

(a)the charter, statute, rules, memorandum and articles of association or other documents constituting the corporation, or a certificate given either—

(i)in Form 7 by a qualified lawyer practising in the territory of incorporation of the corporation, where the corporation is incorporated outside the United Kingdom, or

(ii)in Form 8 by the applicant’s conveyancer, in respect of any other corporation to which this rule applies, and

(b)such further evidence as the registrar may require.

(3) This rule applies to any corporation aggregate which is not—

(a)a company incorporated in any part of the United Kingdom under the Companies Acts,

(b)a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000 or the Limited Liability Partnerships Act (Northern Ireland) 2002, or

(c)a corporation to which rule 182(1) applies.]

Textual Amendments

[F6Registration of registered social landlords [F7, private registered providers of social housing] and unregistered housing associationsE+W

183A.—F8(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) If an applicant for registration as proprietor of a registered estate or a registered charge is, or holds on trust for, an unregistered housing association within the meaning of the Housing Associations Act 1985 and the application relates to grant-aided land as defined in Schedule 1 to that Act, the application must include a certificate to that effect.]

Textual Amendments

Administration orders and liquidation of a companyE+W

184.—(1) Paragraph (2) applies where a company which is the registered proprietor of a registered estate or registered charge [F10enters administration] under the Insolvency Act 1986 M1.

(2) Upon the application of the company's administrator, supported by the order [F11or the notice of appointment], the registrar must make an entry in the individual register of the relevant registered title as to the making of the order [F11or the notice of appointment] and the appointment of the administrator.

(3) Paragraphs (4) and (5) apply where a company which is the registered proprietor of a registered estate or registered charge is in liquidation.

(4) Upon the application of the company's liquidator, the registrar must make an entry in the individual register of the relevant registered title as to the appointment of the liquidator.

(5) The application under paragraph (4) must be supported by the order, appointment by the Secretary of State or resolution under which the liquidator was appointed and such other evidence as the registrar may require.

Textual Amendments

Modifications etc. (not altering text)

Marginal Citations

[F12Housing administration ordersE+W

184A.—(1) Paragraph (2) applies where a housing administration order is made under the Housing and Planning Act 2016 in relation to a registered provider which is the registered proprietor of a registered estate or a registered charge.

(2) Upon the application of the registered provider’s housing administrator, supported by the order, the registrar must make an entry in the individual register of the relevant registered title as to the making of the order and the appointment of the housing administrator.

(3) In this rule “housing administration order”, “housing administrator” and “registered provider” have the meanings set out in Chapter 5 of Part 4 of the Housing and Planning Act 2016.]

Textual Amendments

Note of dissolution of a corporationE+W

185.  Where a corporation shown in an individual register as the proprietor of the registered estate or of a registered charge has been dissolved, the registrar may enter a note of that fact in the proprietorship register or in the charges register, as appropriate.