Companies Act 2014 section 413

Registration and priority of judgment mortgages

Section 413 sets out the rules for registering judgment mortgages against a company's property with the Registrar, and the consequences of failing to do so.

  • A judgment mortgage against a company's property is void against the liquidator and any creditor unless it is properly registered with the Registrar within the required timeframe
  • The prescribed particulars and relevant judgment mortgage document must be received by the Registrar no later than 21 days after the judgment creditor is notified by the Property Registration Authority of the mortgage's creation
  • The judgment creditor is presumed to have received the Property Registration Authority's notification three days after it was sent, unless the contrary is proved
  • This section does not apply to any judgment mortgage created before the section came into force

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