Effect of registration at HM Land Registry or Land Charges Department on priority of security interests
Effect of registration at HM Land Registry or Land Charges Department on priority of security interests

The following Banking & Finance practice note provides comprehensive and up to date legal information covering:

  • Effect of registration at HM Land Registry or Land Charges Department on priority of security interests
  • Why is it important to determine priority between competing security interests?
  • What are asset registers?
  • Registration at HM Land Registry (registered land)
  • Registrable dispositions
  • Unregistrable dispositions—equitable security interests
  • Registration at HM Land Registry—effect on priorities
  • Unregistered land—first registration triggered by grant of certain types of security
  • Registration at the Land Charges Department (unregistered land)
  • Registration at the Land Charges Registry—effect on priorities
  • More...

STOP PRESS—Coronavirus (COVID-19) and registration of charges at Companies House: The content of this Practice Note is affected by the Companies etc (Filing Requirements) (Temporary Modifications) Regulations 2020, SI 2020/645 (the Regulations), which temporarily extend some deadlines for filing documents or notices with Companies House. In so far as it may affect the content below, the Regulations:

  1. extend the period for filing charges under section 859A of Companies Act 2006 (CA 2006) from 21 days to 31 days beginning with the day after the date of creation of the charge—Companies House guidance issued on 1 July 2020 states that this applies to charges created on or after 6 June 2020

  2. extend the period for registration of instruments of alteration of floating charges granted by Scottish companies under section 466 of the Companies Act 1985, and

  3. increase to 42 days the period for notification of the place where copies of instruments creating charges are kept under CA 2006, s 859Q

The temporary extension does not apply to periods for registration extended by an order of the court under CA 2006, s 859F.

The Regulations came into force on 27 June 2020 and expire on 5 April 2021.

Registration can have an important effect on the priority of competing security interests.

Broadly speaking, there are two different systems for registration of security interests:

  1. registration against the asset which has

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