Companies Act 2014 section 410

Duty of company with respect to registration under section 409 and right of others to effect registration

Section 410 deals with the company's obligation to register charges it creates and the right of other interested parties, such as lenders, to carry out that registration themselves if they wish.

• The company that creates a charge has a legal duty to register it under the procedures set out in section 409.
• Any person with an interest in the charge, such as the lender or chargee, may also register it, and that registration has the same legal effect as if the company had done it.
• In practice, most charges are registered by the lender or its solicitor rather than by the company, because failure to file within 21 days renders the charge void against creditors and any liquidator.
• Where an interested party registers the charge, they are entitled to recover from the company the registration fees properly paid to the Registrar.