Companies Act 2014

414.

Register of charges

414. (1) The Registrar shall keep, in relation to each company, a register in the prescribed form, of the charges requiring registration under this Part, and shall, on payment of such fee as may be prescribed, enter in the register, in relation to such charges, the following particulars:

(a) without prejudice to paragraphs (e) and (f), in the case of a charge created by the company, the date of its creation and—

(i) where the procedure for registration under section 409(3) is complied with, the date and time of receipt by the Registrar under that provision of the prescribed particulars, in the prescribed form, of the charge, and

(ii) where the procedure for registration under section 409(4) is complied with, the respective dates and times of receipt by the Registrar of the notices under paragraphs (a) and (b) of that provision in relation to the charge;

(b) without prejudice to paragraphs (e) and (f), in the case of a charge existing on property acquired by the company, the date of the acquisition of the property by the company;

(c) without prejudice to paragraphs (e) and (f), in the case of a judgment mortgage, the date of the mortgage’s creation and the date and time, in relation to it, of receipt by the Registrar, under section 413(2) , of the prescribed particulars in the prescribed form together with the relevant judgment mortgage document referred to in that provision;

(d) without prejudice to paragraphs (e) and (f), in the case of floating charge granted by the company to the Central Bank for the purposes either of providing or securing collateral, particulars of any provision of the charge that has the effect of prohibiting or restricting the company from issuing further securities that rank equally with that charge or modifying the ranking of that charge in relation to securities previously issued by the company;

(e) short particulars of the property charged; and

(f) the persons entitled to the charge.

(2) The register kept in pursuance of this section shall be open to inspection by any person on payment of such fee, if any, as may be prescribed.

Annotations:

Editorial Notes:

E48

Power pursuant to subs. (2) exercised (1.06.2015) by Companies Act 2014 (Fees) Regulations 2015 (S.I. No. 213 of 2015), in effect as per reg. 1(2).