Introduction
If a company needs to give security for a loan, it will often create a charge over its assets. A charge is similar to a mortgage. When we buy a house and apply for a loan, the lender relies on the house as security. When a company applies for a loan which could be to a bank or other organisation or an individual, the lender might rely on the assets owned by the company for its security.
A charge should be registered at Companies House within 21 days of its creation or it may be difficult to recover the loan if the company goes into liquidation.
Companies House now gives guidance on registering a charge:Â https://www.gov.uk/guidance/registering-a-charge-mortgage-for-a-company
Conclusion
If you have loaned money to a company and have secured the loan over the company’s assets, make sure that it is registered at Companies House. If the company goes into liquidation, the fact that it has been registered should ensure (if there are sufficient assets) that your loan is repaid before the unsecured creditors.
Contact Richard Jenkins on 07837 762705 or Richard@clariclegal.co.uk for further advice or assistance.
This should not be relied upon for legal advice.