Section 859O Notification of addition to or amendment of chargeF1C1
This section applies where, after the creation of a charge, the charge is amended by adding or amending a term that—
prohibits or restricts the creation of any fixed security or any other charge having priority over, or ranking pari passu with, the charge; or
varies, or otherwise regulates the order of, the ranking of the charge in relation to any fixed security or any other charge.
Either the company that created the charge or the person taking the benefit of the charge (or another charge referred to in subsection (1)(b)) may deliver to the registrar for registration—
a certified copy of the instrument effecting the amendment, variation or regulation, and
a statement of the particulars set out in subsection (3).
The particulars to be included in the statement are—
the registered name and number of the company;
in the case of a charge created before 6th April 2013—
the date of creation of the charge;
a description of the instrument (if any) by which the charge was created or evidenced;
short particulars of the property or undertaking charged as set out when the charge was registered;
in the case of a charge created on or after 6th April 2013, (where allocated) the unique reference code allocated to the charge.
Subsections (1) to (3) do not affect the continued application of section 466 of the Companies Act 1985 F2 .
In this section “ fixed security ” has the meaning given in section 486(1) of the Companies Act 1985.
Annotations
Textual amendments
- F1
Pt. 25 Ch. A1 inserted (6.4.2013) by The Companies Act 2006 (Amendment of Part 25) Regulations 2013 (S.I. 2013/600), regs. 1, 2, Sch. 1 (with reg. 6)
- F2
Section 466 is repealed by section 46(1) of the Bankruptcy and Diligence etc (Scotland) Act 2007 (2007 asp 3) from a day to be appointed.
Modifications
- C1
Ss. 859A-859Q applied (with modifications) (6.4.2013) by The Limited Liability Partnerships (Application of Companies Act 2006) (Amendment) Regulations 2013 (S.I. 2013/618), regs. 1(2), 2, Sch. (with reg. 8)
Notes on Part 25
Modifications
- C1
Pt. 25 modified (10.1.2015) by The Building Societies (Bail-in) Order 2014 (S.I. 2014/3344), arts. 1, 3(3)
- C2
Pt. 25 modified (16.12.2016) by The Bank Recovery and Resolution Order 2016 (S.I. 2016/1239), arts. 1(2), 28(3)
- C3
Pt. 25 applied (with modifications) (8.12.2017) by The Risk Transformation Regulations 2017 (S.I. 2017/1212), regs. 1(2), 155(1)(2) (with regs. 161, 189)
- C4
Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))
- C5
Pt. 25 excluded (17.2.2009 for certain purposes, otherwise 21.2.2009) by Banking Act 2001 (c. 1), s. 252(1) (with s. 247); S.I. 2009/296, arts. 2, 3, Sch.
- C6
Pts. 1-39 (except for Pt. 7 and ss. 662-669), 45-47 extended (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), art. 5(1), Sch. 1 para. 2
Notes on Chapter A1
Modifications
- C1
Pt. 25 modified (10.1.2015) by The Building Societies (Bail-in) Order 2014 (S.I. 2014/3344), arts. 1, 3(3)
- C2
Pt. 25 modified (16.12.2016) by The Bank Recovery and Resolution Order 2016 (S.I. 2016/1239), arts. 1(2), 28(3)