202

SECRETARIAL PRACTICE
of the charge (see Companies (Forms) Order, 1929, Form 47B),
together with a certified copy of the instrument, if any, by
which the charge was created or evidenced to be delivered to
the registrar of companies within 21 days after completion of
the acquisition. In the case of a charge created outside
Great Britain on property situated outside Great Britain the
period of 21 days runs from the date on which the copy of the
instrument could in due course of post, and if posted with due
diligence, have been received in the United Kingdom [cf. s. 79
3).

Moreover, by s. go, the provisions as to registration extend
also to all charges on property in England created, and to all
charges on property in England acquired after the com-
mencement of the Act by any company incorporated in
Scotland or in any other place outside England if such company
has an established place of business in England.

The registration of charges created by a company and
charges on property acquired by a company before the
commencement of the Act which, if the charge had been
created or the property had been acquired after the com-
mencement of the Act, would have required to be registered
ander s. 79 or s. 81, is secured by s. 91 under which a com-
pany must within six months after the commencement of the
Act send to the Registrar the prescribed particulars of any
such charges which would, having regard to the provision of
5. 79 (2), (g), (h), and (¢), and ss. 81 and go, have required to be
registered if the charge had been created, or the property
subject to the charge had been acquired. after the commence-
ment of the Act.

On registration the Registrar must give a certificate of
registration [s. 82 (2)], and a copy of the certificate must be
indorsed on every debenture, or certificate of debenture
stock, issued after the creation of the charge [s. 83 (1)].

This register is open to the inspection of any person what-
soever on payment of a fee of one shilling for each inspection
's. 82 (3)].

It should be observed that the appointment of a receiver
and the fact of his ceasing to act. must also be registered
I's. 86].

The effect of non-registration of a charge created by a
company registered in England is that the mortgage or
charge is void against the liquidator and any creditor of the
company, and on its so becoming void (¢.e. at the expiration
of the twenty-one days allowed for registration) the money
secured is immediately to become pavable (s. 79 (1)]. The