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

Usage license:: Get license information via the feedback formular.

604 SECRETARIAL PRACTICE Pry 2 78.—(1) Where, in the case of a company registered in England, ar either a receiver is appointed on behalf of the holders of any deben- 2 Soaring tures of the company secured by a floating charge, or possession is prionity to taken by or on behalf of those debenture holders of any property Salm uiller comprised in or subject to the charge, then, if the company is not ge at the time in course of being wound up, the debts which in every winding-up are under the provisions of Part V of this Act relating to preferential payments to be paid in priority to all other debts, shall be paid out of any assets coming to the hands of the receiver or other person taking possession as aforesaid in priority to any claim for principal or interest in respect of the debentures. (2) The periods of time mentioned in the said provisions of Part V of this Act shall be reckoned from the date of the appoint- ment of the receiver or of possession being taken as aforesaid, as the case may be. (3) Any payments made under this section shall be recouped as far as may be out of the assets of the company available for payment of general creditors. Part III, REGISTRATION OF CHARGES, Registration of charges created by companies registered in England. Registyation of Charges with Registrav of Companies. 79.—(1) Subject to the provisions of this Part of this Act, every charge created after the fixed date by a company registered in England and being a charge to which this section applies shall, so far as any security on the company’s property or undertaking is conferred thereby, be void against the liquidator and any creditor of the company, unless the prescribed particulars of the charge, together with the instrument, if any, by which the charge is created or evidenced, are delivered to or received by the registrar of com- panies for registration in manner required by this Act within twenty- one days after the date of its creation, but without prejudice to any contract or obligation for repayment of the money thereby secured, and when a charge becomes void under this section the money secured thereby shall immediately become payable. (2) This section applies to the following charges:— (a) a charge for the purpose of securing any issue of debentures; (b) a charge on uncalled share capital of the company; (¢) a charge created or evidenced by an instrument which, if executed by an individual, would require registration as a bill of sale; (d) a charge on land, wherever situate, or any interest therein; (¢) a charge on book debts of the company; (f) a floating charge on the undertaking or property of the company;

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