The following Corporate practice note provides comprehensive and up to date legal information covering:
BREXIT IMPACT: The law as set out in this Practice Note may be affected by Brexit. For further details on the potential impact of Brexit, see Impact of Brexit on overseas companies.
The regime for registering charges created by a company at Companies House, as described in this Practice Note, is set out in Part 25 of the Companies Act 2006 (CA 2006).
This Practice Note may be read in conjunction with Practice Notes:
How to register security at Companies House, and
Problems with registering security at Companies House—what to do next
For these Practice Notes, a subscription to Lexis®PSL Banking & Finance will be required.
See also the practical guidance published by Companies House: Registering a charge (mortgage) for a company.
It should be noted that a charge created by a company may need to be registered elsewhere, in addition to its registration at Companies House. In particular, there are additional registration requirements in relation to the creation of security over:
land (see Practice Note: Perfecting security over land and registering security at HM Land Registry)
intellectual property rights (see Practice Note: Perfecting security over intellectual property rights and registering security at an intellectual property registry)
ships (see Practice Note: Perfecting security over ships and registering security on the UK Ship Register), and
aircraft (see Practice Note: Perfecting security over aircraft and registering security on the UK Register
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The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or transaction•in the form of a document, notwithstanding the form of the underlying document, fact, event or transactionThe purpose of the notarial act is
You may apply simplified customer due diligence (SDD) measures in relation to particular business relationships or transactions which you determine present a low risk of money laundering or terrorist financing, having taken into account:•your organisation-wide risk assessment—see Practice Note:
LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public body that exercises detention powers, usually a local police force, the Secretary of State for the Home Department or the Secretary of State for
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border
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