Companies House

 
 

Guidance on completing a mortgage charge (form MG01)
for England/Wales registered company

MG01 should only be used where the date of creation is before 6 April 2013

To avoid your mortgage charge 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 the charge was created e.g. charge dated 01/01/2013 must be delivered by 22/01/2013.

Ensure the correct form type for the company is used i.e. form MG01 for a company registered in England/Wales or form LL MG01 for a Limited Liability Partnership.

The form must be accompanied by the original written instrument signed by the charging company; certified copies of documents (form or written instrument) are not required.

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.

Written Instrument

The form must be accompanied by the original written instrument signed by the charging company.

The company name must accurately reflect the name on our records at the date of creation of the charge.

If executed as a "Deed" then the common seal of the company should be affixed or it must be signed by two people (either Director(s)/Secretary or Director and a witness). In the case of a Limited Liability Partnership (LLP); at least two signatures from members of the LLP or one member with a witness signature.

If executed in counterpart we only require the counterpart(s) signed by the company(s).

If there is no written instrument then this must be stated in the description field of the form (section 3) e.g. Agreement without Written Instrument.

Company name and number (section 1)

Enter company name and number of the charging company - both must match the name and number held on Companies House records.

Date of creation of charge (section 2)

Enter the date of creation of the written instrument.

Description (section 3)

Enter the description of the instrument that is being registered.

Amount Secured (section 4)

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 (if any) (section 5)

Enter the mortgageeā€™s details. The name(s) and the address(es) must be completed in full.

Short particulars of all the property mortgage or charged (section 6)

Enter the details of all the property or assets charged. Refer to the charging clause within the written instrument and either state all the charging clauses in full, using continuation sheets if necessary, or summarise the information making sure that the summarisation is an accurate reflection of the property/assets charged.

Particulars as to commission, allowance or discount (if any) (section 7)

This section is not mandatory and is normally left blank by presenters.

Signature (section 9)

All forms must be signed by a person with an interest in registration of the charge i.e. signed by the company, the lender or by a representative of the company or lender which includes Solicitors/Accountants. It must be a manuscript signature or an automatically generated signature.

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 particulars of the charge stated on the form (i.e: creation date, description, amount secured, name and address of mortgagee or short particulars) we will send an email to the email address supplied and await a response.

Please note that any error has to be identified within the 21 day filing period and if noted outside the filing period the documents will be rejected. We cannot email if there is an error with the company name/number, 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 a mortgage charge, please view our detailed guidance and other useful links below:

Guidance (GP3) Life of a Company - Event Driven Filings
Guidance (GPLLP2) Life of a Limited Liability Partnership
Informal Correction Guidance
Companies Act 2006 (Part 25 - Company Charges)

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