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Part III Registration and Other Perfection Requirements, 10 Interests Created by Companies

From: The Law of Security and Title-Based Financing (3rd Edition)

Hugh Beale, Michael Bridge, Louise Gullifer, Eva Lomnicka

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 19 April 2024

Guarantees and security

This chapter examines how, when a company creates a charge, particulars of it and a certified copy of any charge instrument must be delivered for registration within twenty-one days of the creation of the charge, unless the charge is exempt from registration either under the Companies Act 2006 itself or other legislation. The registrar must register the documents if they are delivered by either the company or by any person interested in the charge (typically, the secured creditor) within twenty-one days of the charge being created. The chapter also shows how clauses in floating charges that prohibit or restrict the company from creating further security that will rank equally with or ahead of the charge are now registrable.

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