506 SECRETARIAL PRACTICE
charge or, if there is no such deed, after the execution of any deben-
tures of the series, the following particulars:—

(a) the total amount secured by the whole series; and

(b) the dates of the resolutions authorising the issue of the

series and the date of the covering deed, if any, by which
the security is created or defined; and

(c) a general description of the property charged; and

(@d) the names of the trustees, if any, for the debenture holders:
together with the deed containing the charge, or, if there is no such
deed, one of the debentures of the series.

Provided that, where more than one issue is made of debentures
in the series, there shall be sent to the registrar for entry in the
register particulars of the date and amount of each issue, but an
omission to do this shall not affect the validity of the debentures
issued,
(9) Where any commission, allowance, or discount has been
paid or made either directly or indirectly by a company to any
person in consideration of his subscribing or agreeing to subscribe,
whether absolutely or conditionally, for any debentures of the
company, or procuring or agreeing to procure subscriptions, whether
absolute or conditional, for any such debentures, the particulars
required to be sent for registration under this section shall include
particulars as to the amount or rate per cent. of the commission,
discount, or allowance so paid or made, but omission to do this shall
not affect the validity of the debentures issued:

Provided that the deposit of any debentures as security for
any debt of the company shall not for the purposes of this subsection
be treated as the issue of the debentures at a discount.

(10) In this Part of this Act—

(a) the expression ‘charge’ includes mortgage;

(b) the expression ‘“the fixed date” means in relation to the
charges specified in paragraphs (a) to (f), both inclusive,
of subsection (2) of this section, the first day of July,
nineteen hundred and eight, and in relation to the charges
specified in paragraphs (g) to (¢), both inclusive, of the said
subsection, the commencement of this Act.

Duty of com-
pany to register
charges created
by company.

80.—(1) It shall be the duty of a company to send to the registrar
of companies for registration the particulars of every charge created
by the company and of the issues of debentures of a series, requiring
registration under the last foregoing section, but registration of
any such charge may be effected on the application of any person
interested therein,
(2) Where registration is effected on the application of some
person other than the company, that person shall be entitled to
recover from the company the amount of any fees properly paid
by him to the registrar on the registration.