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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Registering a Charge of an overseas company over land it owns

Resolved Question:

Registering a Charge of an overseas company over land it owns in the UK.
I am paralegal.
I have been tasked with registering a charge over land in the UK owned by an overseas company. The charge is dated 25 March 2015.
I understand that this charge does not need to be registered at Companies House.
I further understand that in order to register the charge at the Land Registry I need to
a) complete an AP1,
b) complete a CH1 with standard form wording,
c) supply a certified copy of the charge,
d) supply a copy of the overseas companies' constitution and
e) pay the appropriate fee.
Please could I ask whether this is correct or am I missing something?
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask if the company in question has opened any UK branch or establishment or whether it has no UK based establishment but is based solely overseas please?
Customer: replied 2 years ago.

Hi Joshua.

We have spoken a few times before.

I understand from Companies House that the company in question is based solely overseas.

Expert:  Joshua replied 2 years ago.
Hi again. I hope things are going well.You are essentially spot on with your understanding. Just be careful with overseas companies as different regimes apply for overseas company charges created before September 2011 which can require registration at Companies House but in fairness they rarely come up as typically those older charges have already been registered.However providing the company has no UK "establishment" e.g. branch or office it does not have to be registered at CH. On the AP1 in panel 10 you need to include the following information:The lender’s full name and address, including its postcode unless the form of charge has already been agreed with HMLR andUnless the company already has an arrangement agreed with HMLR the territory of incorporation, any registered number in the UK including and a copy of the company’s constitutional documentation. If any of those documents are in a foreign language you also need to supply a translation.or provide a certificate by a qualified lawyer practising in the territory of incorporationSo yes I agree everything you say - the only obvious thing missing from your list is the fee but I assume that went without saying. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me.
Customer: replied 2 years ago.

Thank you once again Joshua.

Yes things are going very well. Sharpening up all the time!

Expert:  Joshua replied 2 years ago.
A pleasure. Glad to hear. Best wishes
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