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PRACTICE NOTES
ARCHIVED: This archived Practice Note explains the differences in the regimes for registering security at Companies House before and after 6 April 2013, the date on which the regime changed. It is for background information only and is not maintained. For information about how to register a company charge at Companies House where the charge was created on or after 6 April 2013, see Practice Note: Registering security at Companies House. Recent changes to the regime for registering company charges at Companies House The regime for registering company charges at Companies House changed on 6 April 2013. Before 6 April 2013, the regime for registering company charges at Companies House was set out in Chapters 1 and 2 of Part 25 of the Companies Act 2006 (CA 2006). The Companies Act 2006 (Amendment of Part 25) Regulations 2013, SI 2013/600 (the 2013 Regulations) repealed CA 2006, Pt 25, Chs 1 and 2 with effect from
PRACTICE NOTES
ARCHIVED: This archived Practice Note explains the process for registering at Companies House security created by a company before 6 April 2013. It is for background information only and is not maintained. For information about how to register a company charge at Companies House where the charge was created on or after 6 April 2013, see Practice Note: Registering security at Companies House. What does it mean to 'perfect' security? Once security is validly created it is binding as between the security provider and the secured party. However, the security is not necessarily binding on third parties such as a liquidator or administrator of the security provider. In many cases further steps must be taken to 'perfect' the security. Perfection is the means by which security is made enforceable against certain third parties (but not necessarily all third parties). For information about the third parties who may not be bound by security which has been perfected, see The difference between perfection and priority). Perfection can be achieved in
PRACTICE NOTES
FORTHCOMING CHANGE: Following announcements at Autumn Budget 2024 on 30 October 2024, provisions in Finance Act 2026 will bring unused pension funds and death benefits payable from a pension into a person’s estate for IHT purposes from 6 April 2027. The measures will apply both to defined contribution and defined benefit schemes, as well as to UK registered schemes and qualifying non-UK pension schemes and affect the way in which personal representatives will need to report on the value of pension death benefits from 6 April 2027. For more information, see Practice Note: Hot topic—the reform of inheritance tax on pensions and HMRC confirms new IHT rules on unused pension funds to apply from 6 April 2027. Effect of the grant A grant of probate or grant of letters of administration (sometimes with Will annexed) are the most common types of grant of representation in a deceased individual’s estate. The grant of representation is an order of the court. Its purpose is to confirm the appointment of the
GLOSSARY
The registers and public records that various regulatory authorities are required to maintain in respect of certain types of environmental information in order that it can be made available to the public.
GLOSSARY
A non-ministerial government department responsible for public registers of deeds relating to land and other important documents that are registered for safe-keeping.
GLOSSARY
A disposition that must be completed by registration in order to take effect at law.
GLOSSARY
The executive agency of the Department for Business, Energy & Industrial Strategy, also known as Companies House, responsible for recording the incorporation, re-registration and dissolution of all companies and LLPs in England, Wales, Scotland and Northern Ireland. The Registrar maintains a public register of those documents related to company and LLP constitution, administration and insolvency which are required to be filed in accordance with the Companies Act 2006 (CA). The Registrar derives its powers from CA 2006, Pt 35.
NEWS
Property analysis: The court held that, on the particular facts, the Registrar had been obliged to give reasons for deciding that the objections to registering restrictions to protect rights under joint venture agreements were not groundless. However, the Registrar’s decision had not been irrational and unlawful. The court observed that the real issue in the case (whether or not the claimants were entitled to the restriction sought) had to be determined through proceedings before the First-tier Tribunal (FTT). Written by Marie-Claire Bleasdale, barrister at Radcliffe Chambers.
PRACTICE NOTES
This Practice Note details the types of High Court maintenance orders that may be registered in the Family Court for the purposes of enforcement, the circumstances in which such registration may be appropriate and the procedure to be followed. It also sets out enforcement options by a party for a variation of method of payment and cancellation of registration of the order. The single Family Court replaced the previous three tiers of court structure (family proceedings court, County Court, High Court), save that the High Court retains exclusive jurisdiction over a limited number of cases (the reserved jurisdiction), and came into effect on 22 April 2014. Therefore, following the creation of the single Family Court, it is no longer necessary or possible to register a ‘County Court’ order in a ‘magistrates’ court’ for enforcement. Certain periodical payments orders made in the High Court may be registered in the Family Court for the purposes of enforcement. The key statutory provisions are set out in the Maintenance Orders
PRACTICE NOTES
In order to operate an aircraft internationally, an aircraft owner must register it with an aviation authority. Although there are international conventions in place, the type of register, method of registration and deregistration and requirements for maintaining a valid registration do vary between countries and as such the country of registration will need to be considered carefully by any aircraft owner. Why do you register aircraft and where do you do it? In 1944, the Convention on International Civil Aviation was held in Chicago (the ‘Chicago Convention’). It led to the formation of the International Civil Aviation Organisation, which is a specialised agency of the United Nations, charged with coordinating and regulating international air travel. According to Article 20 of the Chicago Convention, to which the UK is a signatory, ‘Every aircraft engaged in international air navigation shall bear its appropriate nationality and registration marks’. Thus all aircraft must be registered with an aviation authority in order to be able to fly internationally. Each country has its own rules and regulations
PRACTICE NOTES
The death certification system in England and Wales was reformed with effect from 9 September 2024 to introduce changes recommended following various enquiries, including the third report of the Shipman Inquiry (relating to murders first investigated in the late 1990s). These include the implementation of the statutory medical examiner system as an additional safeguard. While Private Client practitioners will not usually be involved in the formalities regarding the medical certification of death, the reforms also impact the procedure for the legal registration of deaths in England and Wales. Requirement to register a death Registering the death is usually undertaken by a member of the deceased’s immediate family. The requirements for registering a death in England and Wales are governed by: • Births and Deaths Registration Act 1953 (BDRA 1953) • Registration Service Act 1953 (RSA 1953) • Coroners and Justice Act 2009 • Health and Care Act 2022, and • regulations made under each of those Acts Medical certificate of cause of death The registrar cannot register the death without a medical certificate. With