EFIS 12, March 2013 : Company

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The Companies Act 2006 (Amendment of Part 25) Regulations 2013 will replace Part 25 of the Companies Act 2006 on 6th April 2013.

The primary purpose of these Regulations is to give effect to Companies House's policy of providing a single scheme for the registration, satisfaction or alteration of company charges irrespective of the place of incorporation of the company. This means that in future there will be no separate filing requirements for charges created over companies registered in Scotland.

Companies House has designed new forms MR01-MR10 for companies which will replace the existing mortgage forms MG01-MG09. For the first time, there will be separate forms for registration of a charge which is created by an instrument and those charges where there is no instrument.

The new forms MR01, MR02, MR03, MR08, MR09 and MR10 can be used to register charges created on or after 6th April.

However, the existing MG forms should continue to be used in all cases where the charge was created before 6th April 2013.

The new forms MR04 and MR05 will be used for statements of satisfaction and release of charges regardless of whether or not the charge was created before 6th April.

In addition, Companies House has drafted two new forms RM01 and RM02 to replace the existing forms LQ01 and LQ02.

MR06 is a new form which is only relevant to charges created on or after 6th April. MR07 will apply to charges created before or after 6th April.

Further information can be obtained from the Companies House website www.companieshouse.gov.uk.

Company law practitioners should note that Companies House will not accept any new forms which are presented to them before 6th April.

Finally, forms CO5C and RP02A have received slight field amendments and can be used immediately.

Forms affected

MG01(CONT)_Flexi	Particulars of a mortgage or charge - continuation page	Withdrawn
MG01	Particulars of mortgage or charge	Withdrawn
MG01(CONT)	Particulars of a mortgage or charge - continuation page	Withdrawn
LQ01	Notice of appointment of an administrative receiver, receiver or manager	Withdrawn
LQ02	Notice of ceasing to act as an administrative receiver, receiver or manager	Withdrawn
MG02	Statement of satisfaction in full or in part of mortgage or charge	Withdrawn
MG02(CONT)	Statement of satisfaction in full or in part of mortgage or charge	Withdrawn
MG04	Application for registration of a memorandum of satisfaction that part (or the whole) of the property charged (a) has been released from the charge; (b) no longer forms part of the company's property	Withdrawn
MG04(CONT)	Application for registration of a memorandum of satisfaction that part (or the whole) of the property charged (a) has been released from the charge; (b) no longer forms part of the companys property	Withdrawn
MG06	Particulars of a charge subject to which property has been acquired	Withdrawn
MG06(CONT)	Particulars of a charge subject to which property has been acquired - continuation page	Withdrawn
MG07	Particulars for the registration of a charge to secure a series of debentures	Withdrawn
MG08	Particulars of an issue of secured debentures in a series	Withdrawn
MG09	Certificate of registration of a charge comprising property situated in another UK jurisdiction	Withdrawn
CO5C	Request for Payment of Interest or Dividends - [DM1]	New/Amended
RP02A	Application for rectification by the Registrar of Companies	New/Amended
MR01	Particulars of a charge	New/Amended
MR01(CONT)	Particulars of a charge - continuation page	New/Amended
MR02	Particulars of a charge subject to which property or undertaking has been acquired	New/Amended
MR02(CONT)	Particulars of a charge subject to which property or undertaking has been acquired - continuation page	New/Amended
MR03	Particulars for the registration of a charge to secure a series of debentures	New/Amended
MR03(CONT)	Particulars for the registration of a charge to secure a series of debentures - continuation page	New/Amended
MR04	Statement of satisfaction in full or in part of a charge	New/Amended
MR04(CONT)	Statement of satisfaction in full or in part of a charge - continuation page	New/Amended
MR05	Statement that part or the whole of the property charged (a) has been released from the charge (b) no longer forms part of the company's property	New/Amended
MR05(CONT)	Statement that part or the whole of the property charged (a) has been released from the charge (b) no longer forms part of the company's property - continuation page	New/Amended
MR06	Statement of company acting as a trustee	New/Amended
MR07	Particulars of alteration of a charge (particulars of a negative pledge)	New/Amended
MR07(CONT)	Particulars of alteration of a charge (particulars of a negative pledge) - continuation page	New/Amended
MR08	Particulars of a charge where there is no instrument	New/Amended
MR08(CONT)	Particulars of a charge where there is no instrument - continuation page	New/Amended
MR09	Particulars of a charge subject to which property or undertaking has been acquired where there is no instrument	New/Amended
MR09(CONT)	Particulars of a charge subject to which property or undertaking has been acquired where there is no instrument - continuation page	New/Amended
MR10	Particulars for the registration of a charge in a series of debentures where there is no instrument	New/Amended
MR10(CONT)	Particulars for the registration of a charge in a series of debentures where there is no instrument - continuation page	New/Amended
RM01	Notice of appointment of an administrative receiver, receiver or manager	New/Amended
RM02	Notice of ceasing to act as an administrative receiver, receiver or manager	New/Amended

Crown copyright forms are reproduced with the permission of the Controller of the Stationery Office. Law Society forms are reproduced with the permission of the Law Society. Legal Aid Forms are produced with the permission of the LSC.