Q&As

I need to make an extension of time application for registration of security at Companies House. What factors will the court consider when deciding whether or not to grant it?

read titleRead full title
Published on LexisPSL on 13/08/2015

The following Banking & Finance Q&A provides comprehensive and up to date legal information covering:

  • I need to make an extension of time application for registration of security at Companies House. What factors will the court consider when deciding whether or not to grant it?
  • Applying to the court to extend the time for registering the charge
  • Factors the court will consider
  • Alternative to late registration

I need to make an extension of time application for registration of security at Companies House. What factors will the court consider when deciding whether or not to grant it?

Applying to the court to extend the time for registering the charge

If a charge is not registered in time the chargor or any person interested in the charge (eg the chargee) can apply to the court to rectify the register. This is discussed in detail in the Practice Note: Problems with registering security at Companies House—what to do next.

The application must be made on a Claim Form (Civil Procedure Rules 1998, SI 1998/3132, Pt 8) along with a claim for an order to extend the amount of time for registering the charge.

Factors the court will consider

The basic rule under the Companies Act 2006 (CA 2006), s 859F is that the court may order that the period allowed for delivery of the particulars of the charge be extended if it is satisfied that:

  1. neither the chargor nor any other person interested in the charge has delivered to the registrar the documents required under CA 2006, s 859A (charges created by a company/LLP) or (if relevant) CA 2006, s 859B (charges in a series

Related documents:

Popular documents