Missed the deadline to register a charge at Companies House? We can help.

Failing to register a charge at Companies House within the prescribed 21 days is a relatively easy mistake to make – but one that can naturally cause high levels of anxiety and concern when it comes to light.

This is because missing the deadline means that the charge is effectively unsecured with any security granted over the company’s assets ‘void’ against any liquidator, administrator or other creditor.

This is obviously a position no company wants to find itself in - however it is often possible to remedy the situation as long as quick and effective action is taken.

This is where James Taylor, a leading Partner in our highly regarded Disputes Resolution Team, can help. He has specific experience in successfully applying to the court to extend the time period in which the relevant forms can be filed and the mistake rectified.

What are the rules on registering a charge at Companies House?

A legal charge over assets, including a mortgage of land, is the security a company gives to a lender in return for a loan.

Almost all charges must be registered at Companies House by filing an MR01 form within the statutory time frame of 21 days starting the date after the creation of the charge.

Whilst missing the deadline is no longer a criminal offence, it means any security granted over the company’s assets by the charge is now negated against any liquidator, administrator or other creditor.

This means creditors may find it difficult to recover the debt if the company becomes insolvent.

Also, failing to register a charge on time can result in a claim against any professional advisers who have not complied with the lender’s instructions to complete the valid securitisation of a loan.

How can we help extend the time limit for registration of a charge?

We can act on your behalf, whether you’re a charger or chargee, to apply for the court order needed to extend the time to allow Companies House to register a charge beyond the initial 21 days in accordance with s859 Companies Act 2006.

We can guide you through the complicated process involved, which will include witness statements, serving copies and providing evidence of solvency, as well as attending the hearing on your behalf.

Get in touch

Wards Solicitors is recommended as a South West leading firm in the in the independent Legal 500 List for 2024 having received overwhelmingly positive testimonials from clients.

If you need help with this specific area of the law, please contact James Taylor.

Email James: James.Taylor@wards.uk.com

Phone James: 01454 204880