Register of Charges (internal use only)
The current security registration regime under the Companies Act 2006 came into force on 6 April 2013. Under this regime, there is no need for a company (or LLP) to keep a statutory register of charges it creates (except in respect of charges created before 6 April 2013).
Any charge, subject to limited exceptions, created by a company (or LLP) after 6 April 2013 should be registered with Companies House.
Companies House filing and timing
Registration will most likely be made using Companies House form:
Companies House provides guidance on the registration process for charges and it is important that this is read carefully and adhered to. There are strict rules, including timing requirements for delivery of the form.
Companies House will reject a form if it is not delivered to them within 21 days beginning with the day after the creation of the charge.
Why keep an internal register of charges?
Although companies are no longer required to keep a statutory register of charges created after 6 April 2013, many companies will still find it useful for internal housekeeping and audit purposes to maintain an internal record of their charges.
This template is designed for that internal purpose only and is based on the previous statutory requirement to keep a register of charges that existed up to April 2013.
Copies of charge instruments must still be kept
There is still a statutory requirement for every company (and LLP) to keep copies of instruments evidencing registrable charges available for inspection at its registered office, as well as copies of instruments amending or varying any charge capable of registration.
What this register records
This Register of Charges includes details typically recorded in an internal charges register, including:
- the date of the charge;
- the nature of the charge; and
- particulars of the chargee or mortgagee.
Register of Charges (internal use only) is part of Corporate. Just £38.50 + VAT provides unlimited downloads from Corporate for 1 year.