(1) Where a company acquires property that is subject to a charge, being a
charge that would have been registrable when it was created if it had been
created by a company, the company must, within 45 days after the acquisition
of the property:
- (a)
- ensure that there is lodged:
- (i)
- a notice in the prescribed form in relation to the charge, setting out the
name of the company and the date on which the property was so acquired and
otherwise complying with the requirements of paragraph 263(1)(a); and
- (ii)
- if the charge was created or evidenced as mentioned in paragraph
263(1)(a)a copy of the resolution or of each of the resolutions referred
to in that paragraph verified by a statement in writing to be a true copy and
a copy of the first debenture issued in the series referred to in that
paragraph verified by a statement in writing to be a true copy; and
- (iii)
- if the charge was created or evidenced by an instrument or instruments
(otherwise than as mentioned in paragraph 263(1)(b)):
(A) the instrument or each of the instruments; or
(B) a copy of the instrument or of each of the instruments
verified by a statement in writing to be a true copy; and
- (b)
- give to the chargee notice that it has acquired the
property and the date on which it was so acquired.
(2) A notice in relation to a charge, being a charge in relation to which
subparagraph (1)(a)(ii) or (iii) applies, is not taken to have been
lodged under subsection (1) unless it is accompanied by the documents
specified in that subparagraph.