HC Deb 26 October 1989 vol 158 c1160

398.—(1) It is the duty of a company which creates a charge, or acquires property subject to a charge—

  1. (a) to deliver the prescribed particulars of the charge, in the prescribed form, to the registrar for registration, and
  2. (b) to do so within 21 days after the date of the charge's creation or, as the case may be, the date of the acquisition;
but particulars of a charge may be delivered for registration by any person interested in the charge.

(2) Where the particulars are delivered for registration by a person other than the company concerned, that person is entitled to recover from the company the amount of any fees paid by him to the registrar in connection with the registration.

(3) If a company fails to comply with subsection (1), then, unless particulars of the charge have been delivered for registration by another person, the company and every officer of it who is in default is liable to a fine.

(4) Where prescribed particulars in the prescribed form are delivered to the registrar for registration, he shall file the particulars in the register and shall note, in such form as he thinks fit, the date on which they were delivered to him.

(5) The registrar shall send to the company and any person appearing from the particulars to be the chargee, and if the particulars were delivered by another person interested in the charge to that person, a copy of the particulars filed by him and of the note made by him as to the date on which they were delivered.