Companies Act, 1963

Registration of charges existing before application of this Act.

112.—(1) It shall be the duty of a company within 6 months after the operative date to send to the registrar of companies for registration the prescribed particulars of

(a) any charge created by the company before the operative date and remaining unsatisfied at that date which would have been required to be registered under paragraphs (g), (h) and (i) of subsection (2) of section 99 or under section 111, if the charge had been created after the operative date;

(b) any charge to which any property acquired by the company before the operative date is subject and which would have been required to be registered under section 101 or under section 111 if the property had been acquired after the operative date;

(c) any charge created before the operative date to which any property of the company is subject and which would have required registration under section 102 or under section 111 if created after the operative date.

(2) The registrar on payment of the prescribed fee shall enter the said particulars on the register kept by him in pursuance of this Part.

(3) If a company fails to comply with this section, the company and every officer of the company or other person who is knowingly a party to the default shall be liable to a fine not exceeding £100.

(4) The failure of the company to send to the registrar the prescribed particulars of any charge mentioned in paragraphs (a), (b) and (c) of subsection (1) shall not prejudice any rights which any person in whose favour the charge was made may have thereunder.

(5) For the purposes of this section, “company” includes a company incorporated outside the State which has an established place of business in the State.

(6) In relation to a company incorporated outside the State which, on or after the operative date, establishes a place of business in the State, this section shall have effect as if—

(a) for the references to the operative date there were substituted references to the date of such establishment, and

(b) for the references to charges created or property acquired before the operative date there were substituted references to charges created or property acquired before such establishment, whether before the operative date or not.