# The Companies Act 1985 (Electronic Communications) Order 2000, Article 23: Electronic statement to obtain memorandum of satisfaction


(1) Section 419 of the 1985 Act (entries of satisfaction and release: Scotland), as in force at the date of coming into force of this Order, is amended as follows.
(2) At the beginning of subsection (1), for the words “The registrar” substitute the words “Subject to subsections (1A) and (1B), the registrar”.
(3) Insert the following subsections after subsection (1)—
“(1A) On an application being made to him in the prescribed form, the registrar of companies may make any such entry as is mentioned in subsection (1) where, instead of receiving such a statutory declaration as is mentioned in that subsection, he receives a statement by a director, secretary, liquidator, receiver or administrator of the company which is contained in an electronic communication and that statement—
(a) verifies the matters set out in paragraph (a) or (b) of that subsection,
(b) contains a description of the charge,
(c) states the date of creation of the charge and the date of its registration under this Chapter,
(d) states the name and address of the chargee or, in the case of a debenture, trustee, and
(e) where paragraph (b) of subsection (1) applies, contains short particulars of the property which has been released from the charge, or which has ceased to form part of the company’s property (as the case may be).
(1B) Where the statement under subsection (1A) concerns the satisfaction of a floating charge, then there shall be delivered to the registrar a further statement which—
(a) is made by the creditor entitled to the benefit of the floating charge or a person authorised to act on his behalf;
(b) is incorporated into, or logically associated with, the electronic communication containing the statement; and
(c) certifies that the particulars contained in the statement are correct.”
(4) Insert the following subsection after subsection (5)—
“(5A) Any person who makes a false statement under subsection (1A) or (1B) which he knows to be false or does not believe to be true is liable to imprisonment or a fine, or both.”

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Source: https://www.legislation.gov.uk/ukdsi/2000/0110186745/article/23 (the official version)
Page: https://openlegislation.uk/draft-companies-act-1985-electronic-communications-order-2000/article-23
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.