The Companies (Particulars of Company Charges) Regulations 2008

• Citation: S.I. 2008/2996
• Sections: 4

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Companies (Particulars of Company Charges) Regulations 2008 and come into force on 1st October 2009.

(2) In these Regulations “ the Act ” means the Companies Act 2006.

Section 2 Prescribed particulars of charges created by a company

The prescribed particulars for the purposes of section 860(1) of the Act are—

(a) the date of the creation of the charge;

(b) a description of the instrument (if any) creating or evidencing the charge;

(c) the amount secured by the charge;

(d) the name and address of the person entitled to the charge; and

(e) short particulars of the property charged.

Section 3 Prescribed particulars of charges created by a company

The prescribed particulars for the purposes of section 878(1) of the Act are—

(a) the particulars prescribed by regulation 2; and

(b) in the case of a floating charge, a statement as to any provisions of the charge and of any instrument relating to it which prohibit or restrict or regulate the power of the company to grant further securities ranking in priority to, or pari passu with, the floating charge, or which vary or otherwise regulate the order of ranking of the floating charge in relation to subsisting securities.

Section 4 Prescribed particulars of charges existing on property acquired

The prescribed particulars for the purposes of sections 862(2) and 880(2) of the Act are—

(a) the particulars prescribed by regulation 2; and

(b) the date of the acquisition of the property which is subject to the charge.