798. Instruments creating charges to be available for inspection
Past version: effective from 14/06/2015 - 13/06/2015
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(1) This section applies to documents required to be kept available for inspection under section 797 (copies of instruments creating and amending charges).
(2) The documents must be kept available for inspection—
(a) at the company's registered office, or
(b) at a place specified in rules made by the Board under section 996 (rules about where certain company records to be kept available for inspection).
(3) The company must give notice to the Registrar—
(a) of the place at which the documents are kept available for inspection, and
(b) of any change in that place,
unless they have at all times been kept at the company's registered office.
(4) The documents must be open to the inspection—
(a) of any creditor or member of the company, without charge, and
(b) of any other person, on payment of such fee as may be prescribed.
(5) A person who makes default in complying with the requirements of subsection (2) or (3) of this section commits a contravention of these Regulations.
(6) A person who commits the contravention referred to in in subsection (5) is liable to a level 2 fine.
(7) If default is made for 14 days in complying with subsection (3) or an inspection required under subsection (4) is refused, a contravention of these Regulations is committed by—
(a) the company, and
(b) every officer of the company who is in default.
(8) A person who commits the contravention referred to in in subsection (7) is liable to a fine of up to level 4.
(9) If an inspection required under subsection (4) is refused the Court may by order compel an immediate inspection.
(10) Where the company and a person wishing to carry out an inspection under subsection (4) agree, the inspection may be carried out by electronic means.