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| Companies Act 1989 |
| 1989 c. 40 - continued
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SCHEDULE 16 |
| Section 107. |
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Amendments Consequential on Part IV |
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Land Charges Act 1972 (c. 61) |
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1.(1) Section
3 of the Land Charges Act 1972 (registration of land charges) is amended
as follows. (2) In subsection (7)
(registration in companies charges register to have same effect as
registration under that Act), for "any of the enactments mentioned in
subsection (8) below" substitute "Part XII, or Chapter III of Part XXIII,
of the Companies Act 1985 (or corresponding earlier
enactments)". (3) In subsection (8)
for "The enactments" substitute "The corresponding earlier enactments" and
at the end insert "as originally enacted". |
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Companies Act 1985 (c. 6) |
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2.(1) Schedule
24 to the Companies Act 1985 (punishment of offences) is amended as
follows. (2) For the entries relating
to sections 399(3) to 423(3) (offences under Part XII: registration of
charges) substitute
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"
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| 398(3) |
Company failing to deliver particulars of charge to
registrar. |
1. On indictment. |
A fine. |
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2. Summary. |
The statutory maximum. |
| 408(3) |
Company failing to deliver particulars of taking up of
issue of debentures. |
Summary. |
One-fifth of the statutory maximum. |
| 409(4) |
Failure to give notice to registrar of appointment of
receiver or manager, or of his ceasing to act. |
Summary. |
One-fifth of the statutory maximum. |
| 410(4) |
Failure to comply with requirements of regulations under
s.410. |
Summary. |
One-fifth of the statutory maximum. |
| 411(4) |
Failure to keep copies of charging instruments or register
at registered office. |
1. On indictment. |
A fine. |
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2. Summary. |
The statutory maximum. |
| 412(4) |
Refusing inspection of charging instrument or register or
failing to supply copies. |
Summary. |
One-fifth of the statutory
maximum. | " | . (3) After
the entry relating to section 703(1) insert
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"
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| 703D(5) |
Oversea company failing to deliver particulars of charge
to registrar. |
1. On indictment. |
A fine. |
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2. Summary. |
The statutory
maximum. | " | . |
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Insolvency Act 1986 (c. 45) |
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3.(1) The
Insolvency Act 1986 is amended as
follows. (2) In section 9(3)
(restrictions on making administration order where administrative receiver
has been appointed), in paragraph (b) (exceptions) insert
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" (i) be void against the administrator to any extent
by virtue of the provisions of Part XII of the Companies Act 1985
(registration of company charges)," | ;and renumber
the existing sub-paragraphs as (ii) to
(iv). (3) In sections 45(5), 53(2),
54(3) and 62(5) (offences of failing to deliver documents relating to
appointment or cessation of appointment of receiver) omit the words
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"and, for continued contravention, to a daily default
fine" | . |
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Company Directors Disqualification Act 1986 (c. 46)
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4. In
Schedule 1 to the Company Directors Disqualification Act 1986 (matters
relevant to determining unfitness of directors), in paragraph 4 (failure
of company to comply with certain provisions), for sub-paragraph (h)
substitute
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" (h) sections 398 and 703D (duty of company to
deliver particulars of charges on its
property)." | . |
| © Crown copyright 1989 |
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