Commentary

28 Consequences of failure to deliver charges

COMPANIES vol 10(2) borrowing and debentures
| Commentary

28 Consequences of failure to deliver charges

| Commentary

28 Consequences of failure to deliver charges

If a registrable charge or series of debentures containing a charge, or giving a charge by reference to another instrument, is created on or after 6 April 20131 and a company or other person interested fails to deliver the appropriate documents to the registrar of companies2 before the end of the relevant period of delivery3, the charge is void against:

  1. 28.1

        a liquidator of the company;

  2. 28.2

        an administrator of the company; or

  3. 28.3

        a creditor of the company4.

This is, however, without prejudice to any contract

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