Q&As

There is a restriction on title in respect of a charging order in favour of a dissolved company. For the purposes of signing an RX4, would a retired company director of a dissolved company be the 'appropriate person' interested in the restriction and acceptable to the land registry?

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Published on LexisPSL on 08/06/2021

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

  • There is a restriction on title in respect of a charging order in favour of a dissolved company. For the purposes of signing an RX4, would a retired company director of a dissolved company be the 'appropriate person' interested in the restriction and acceptable to the land registry?

There is a restriction on title in respect of a charging order in favour of a dissolved company. For the purposes of signing an RX4, would a retired company director of a dissolved company be the 'appropriate person' interested in the restriction and acceptable to the land registry?

A restriction protecting a charging order can be:

  1. ‘cancelled’ on the application of any party if it is no longer required

  2. ‘withdrawn’ voluntarily by the beneficiary of the order

  3. cancelled by HM Land Registry (HMLR) independently if it is clear that it is superfluous (this will only be the case in exceptional circumstances for charging orders)

An application for cancellation is made in Form RX3. The application must be accompanied by evidence showing that the order has been discharged and the restriction is no longer required. HMLR will usually notify the beneficiary of the charging order that the application to cancel the restriction has been made and

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