Companies House forms for mortgages and charges

All details of mortgages and charges that a company creates must be registered with Companies House. The details of the mortgage or charge and any documentation creating or giving evidence of it must be sent to the Registrar.

Mortgages and charges are described by Companies House as:

Mortgage - “security for the payment of a debt or other obligation that passes ‘property’ but no right to possession to the person to whom the mortgage is given.”

Charge – “security for the payment of a debt or other obligation that does not pass ‘property’ or any right to possession to the person to whom the charge is given.”

There are different forms associated with the registering of mortgages and charges required by Companies House. The main ones are listed here (click the link):

• 395 Particulars of a mortgage or charge
• 397 Particulars for the registration of a charge to secure a series of debentures
• 398 Certificate of registration in Scotland or Northern Ireland of a charge comprising property situated there.
• 400 Particulars of a charge subject to which property has been acquired
• 403a Declaration of satisfaction in full or in part of a mortgage or charge
• 403b Declaration that part of the property of undertaking charged as been released from the charge or no longer forms part of the company’s property or undertaking
• 405(1) Notice of appointment of receiver or manager
• 405(2) Notice of ceasing to act as receiver or manager

Companies House allow companies registered in England and Wales a period of 21 days from the creation of the mortgage or charge to deliver the documents and correct forms to them. This is done to ensure its security in the event of liquidation.

Companies House do have a fee for registering some of these Forms. A fee of £13 is required for registering each form 395, 397 and 400.

As with all Companies House forms, Companies House require all details of the mortgages or charges and documentation to be registered accurately and in time. The correct form has to be sent to the correct registration office with any mistakes being sent back to be altered and returned to the Registrar still in the 21 day period.

Certificates of registration are produced and given back to the company when everything is confirmed to be in order and the entry is then recorded on the register of charges.

The scanned images are available to purchase from checkSURE for just £7.95