Guidance on completing the Particulars of a charge subject to which property has been acquired MG06
MG06 should only be used where the date of creation of the original charge is before 6 April 2013
To avoid your acquisition being rejected, please complete all the necessary sections of the form. Please refer to the guidance below, the notes and checklist on the form.
General guidance on delivery of documents
The correctly completed documents must be delivered to Companies House within 21 days beginning with the day after the day on which the acquisition is completed e.g. charge acquired 06/04/2013 must be delivered by 27/04/2013. If the property is situated and the charge created outside the UK then you must deliver the correctly completed documents within 21 days after the date on which the instrument could have been received within the UK assuming it had been posted promptly.
The form must be accompanied by a certified copy of the original written instrument. Please do not submit the original written instrument.
The form, certified copy written instrument & fee must be delivered together; we cannot retain an incomplete application whilst missing documents are submitted and neither can we contact a presenter requesting missing documents.
The form, written instrument & fee must be delivered together; we cannot retain an incomplete application whilst missing documents are submitted and neither can we contact a presenter requesting missing documents.
Company details (section 1)
Enter company name and number of the company acquiring the property - both must match the name and number held on Companies House records.
Date of the instrument (if any) creating or evidencing the charge (section 2)
Enter the date of creation of the original written instrument.
Description of instrument (if any) creating or evidencing the charge (section 3)
Enter the description of the instrument that the property has been acquired from; if there is no instrument then this must be stated in this section e.g. Agreement without written instrument.
Date of acquisition of the property which is subject to the charge (section 4)
Enter the date the property was acquired by the company.
Amount Secured (section 5)
Enter the liabilities/obligations of the written instrument and either state the liabilities/obligations in full, using continuation pages if necessary, or summarise the information making sure that the summarisation is an accurate reflection of the liabilities.
If a specific sum is stated this would be accepted even if the sum is not stated within the written instrument; however, please note that once registered we could not amend this figure without the instruction of an Order of Court.
Mortgagee(s) or person(s) entitled to the charge (section 6)
Does the written instrument contain any charging clauses that create a fixed charge or fixed security (other than the charges over land, ship, aircraft or intellectual property which you have detailed in section 4)? You must tick the appropriate box.
Short particulars of all the property mortgage or charged (section 7)
Enter the details of the property acquired from the original charge, using continuation sheets if necessary.
Delivery of instrument (section 8)
As stated above the form must be accompanied by a certified copy of the original written instrument. Please do not submit the original written instrument.
Signature (section 9)
All forms must be signed by a person with an interest in registration of the acquisition i.e. signed by the acquiring company, the lender or by a representative of the acquiring company or lender which includes Solicitors/Accountants. It must be a manuscript signature or an automatically generated signature; typeface is not acceptable.
Section 1075 Informal Correction of document
Once an application has been received at Companies House we cannot contact a presenter to inform them of any errors; however, under the Companies Act 2006 there is a provision to sign up for our informal correction procedure.
Once signed up if you present an application and we note an error on the on the form (i.e. section 2 – 7 incs.) we will send an email to the email address supplied and await a response.
We cannot email if there is a problem with the deed, the form is not signed or if the registration fee has not been included; errors or omissions of this type are rejected.
For more information on registering an acquisition, please view our detailed guidance and other useful links below: