Q&As

How do I make an application to extend the period allowed for delivery of charges to the Registrar? Is the process or timing different while coronavirus (COVID-19) social distancing measures are in place?

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Produced in partnership with Phillip Patterson of Hardwicke Chambers
Published on LexisPSL on 20/05/2020

The following Banking & Finance Q&A produced in partnership with Phillip Patterson of Hardwicke Chambers provides comprehensive and up to date legal information covering:

  • How do I make an application to extend the period allowed for delivery of charges to the Registrar? Is the process or timing different while coronavirus (COVID-19) social distancing measures are in place?
  • In what circumstances can an application be made?
  • What will the court consider when deciding to grant the order?
  • What is the process and documentation required for the application?
  • How does the process/documentation differ for each type of applicant (eg chargee or chargor)?
  • How long does the process take?
  • What is the cost of making the application?
  • Once we have obtained the order from the court, is there anything else we need to do?
  • Will coronavirus social distancing measures impact the process or documentation, and, if so, how? Where can I find up-to-date guidance on changes to court procedure in light of social distancing measures?

How do I make an application to extend the period allowed for delivery of charges to the Registrar? Is the process or timing different while coronavirus (COVID-19) social distancing measures are in place?

In what circumstances can an application be made?

A charge created by a company must be registered at Companies House. Significant consequences flow from a failure so to register. The requisite forms to effect the registration must be delivered to Companies House by the end of the period of 21 days beginning with the day after the creation of the charge. If the documents are delivered after that date, the Registrar will only register the charge if the documents are accompanied by a court order made following an application under section 859F of the Companies Act 2006 (CA 2006).

CA 2006, s 859F is a provision which allows the 21-day period to be extended by application to court. Although the wording of CA 2006, s 859F(3) appears prospective in its nature, in practice, particularly given the test to be applied in CA 2006, s 859F(2), such applications are only made retrospectively, ie once the deadline has already been missed.

What will the court consider when deciding to grant the order?

The 21-day period may be extended if any of three circumstances applies:

  1. the failure to deliver the documents on time was accidental or due to inadvertence

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