Section 413: Charges associated with debentures.

Companies Act 1985 · 1985 c. 6View on legislation.gov.uk

Part XII: Registration of Charges — Chapter II: Registration of Charges (Scotland)

The holding of debentures entitling the holder to a charge on land is not, for the purposes of section 410, deemed to be an interest in land.

Where a series of debentures containing, or giving by reference to any other instrument, any charge to the benefit of which the debenture-holders of that series are entitled pari passu, is created by a company, it is sufficient for purposes of section 410 if there are delivered to or received by the registrar of companies within 21 days after the execution of the deed containing the charge or, if there is no such deed, after the execution of any debentures of the series, the following particulars in the prescribed form—

the total amount secured by the whole series,
the dates of the resolutions authorising the issue of the series and the date of the covering deed (if any) by which the security is created or defined,
a general description of the property charged,
the names of the trustees (if any) for the debenture holders, and
in the case of a floating charge, a statement of 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,

together with a copy of the deed containing the charge or, if there is no such deed, of one of the debentures of the series:

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