(1)Subject to subsection (6), this section applies where a company creates a charge.
(2)The registrar must register the charge if, before the end of the period allowed for delivery, the company or any person interested in the charge delivers to the registrar for registration a section 859D statement of particulars.
(3)Where the charge is created or evidenced by an instrument, the registrar is required to register it only if a certified copy of the instrument is delivered to the registrar with the statement of particulars.
(4)
“The period allowed for delivery” is 21 days beginning with the day after the date of creation of the charge (see section 859E), unless an order allowing an extended period is made under section 859F(3).
(5)Where an order is made under section 859F(3) a copy of the order must be delivered to the registrar with the statement of particulars.
(6)This section does not apply to—
(a)a charge in favour of a landlord on a cash deposit given as a security in connection with the lease of land;
(b)a charge created by a member of Lloyd's (within the meaning of the Lloyd's Act 1982 ) to secure its obligations in connection with its underwriting business at Lloyd's;
(c)a charge excluded from the application of this section by or under any other Act.
(7)In this Part—
Cases considering section 859A (4)
[2024] EWHC 749 (Ch) · 28 March 2024Defines
The court applied section 859A to require delivery of the prescribed particulars and, for an instrument-created charge, a certified copy of the instrument within the relevant period. (see paras [9]; [21])
The court treated the provision as identifying when the registration regime applies to a company-created charge. (see para [9])
The court applied the requirement that the registrar register the charge only where the section 859D statement is delivered before the end of the permitted period. (see para [9])
The court applied the requirement for a certified copy of an instrument creating or evidencing the charge to accompany the particulars. The absent debenture was decisive. (see paras [9]; [21])
The court applied the statutory 21-day period beginning on the day after creation of the charge. (see para [9])
The court noted the requirement to deliver an order extending time with the statement of particulars where such an order has been made. (see para [9])
[2022] EWHC 3232 (Ch) · 20 December 2022Interprets
A charge created by the company under the facility agreement was required to be registered within the period allowed for delivery. The provision formed part of the court’s reasoning that the unregistered charge was void as security. (see para [27])
The registration period was 21 days beginning on the day after creation of the charge, absent an order extending time. No extension order existed. (see para [27])
[2020] EWHC 1191 (Ch) · 15 May 2020
The court applies section 859A to identify when a company-created charge must be registered and when a certified copy of the instrument must accompany the statement of particulars. The provision forms part of the statutory context for determining the public character of the Accession Deeds. (see paras [38]-[40])
What each judgment says about section 859A is in the case-law panel in the full Act.