Although the regime for the registration of charges by companies with the Companies Registry changed nearly a year ago, a significant number of applications to Land Registry to register a company charge do not include all the required evidence.
When lodging a company charge dated on/after 6 April 2013 for registration with Land Registry you will need to enclose:
- the original charge (and certified copy if you want the original returned to you) or a certified electronic copy of the original charge if lodging the application through the electronic Document Registration Service (e-DRS) (see note 1)
- a copy of the certificate of registration issued by the Companies Registry. This will be an electronic copy if you lodge the application through e-DRS or a paper copy of the certificate when sent by post. The paper copy does not need to be certified
- written confirmation or a certificate by the company, lender or a conveyancer that the charge lodged for registration is:
- the original charge of which a [redacted] copy [under section 859G of the Companies Act 2006] has been filed at the Companies Registry
- the charge to which the accompanying certificate of registration relates.
Note 1: You must not make any redactions to the original charge sent to us. However, if you wish to make an application to exempt information from disclosure under rule 136(1), Land Registration Rules 2003, you should send us a full unedited copy of the charge as well as a redacted version, form EX1/EX1A and the fee under Schedule 3, Part 4(2) of the Fee Order.
Note 2: As a company may create more than one charge on the same day you must ensure that any certificate supplied clearly states that the unique reference number the Companies Registry allocates to the charge does relate to the charge being lodged for registration.
If you have any queries, please contact Customer Support on 0300 006 0411.