Secretarial practice

Bibliographic data

Monograph

Identifikator:: 1828236004

URN:: urn:nbn:de:zbw-retromon-249926

Document type:: Monograph

Title:: Secretarial practice

Edition:: fourth edition

Place of publication:: Cambridge

Publisher:: W. Heffer & Sons Ltd

Year of publication:: 1930

Scope:: viii, 987 Seiten

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Chapter XVIII. Mortgages, debentures and receivers

Collection:: Economics Books

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

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