1964_COMPANIES_ORDINANCE — Page 343

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1984 Ed.]

Companies

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85

PART III

REGISTRATION OF CHARGES

Registration of Charges with Registrar of Companies

80. (1) Subject to the provisions of this Part of this Ordin- ance, every charge created after the fixed date by a company and being a charge to which this section applies shall, so far as any security on the company's property or undertaking is conferred thereby, be void against the liquidator and any creditor of the company, unless the prescribed particulars of the charge, together with the instrument, if any, by which the charge is created or evidenced, are delivered to or received by the Registrar for registra- tion in manner required by this Ordinance within 5 weeks after the date of its creation, but without prejudice to any contract or obligation for repayment of the money thereby secured, and when a charge becomes void under this section the money secured thereby shall immediately become payable. (Amended, 6 of 1984, s. 46)

(2) This section applies to the following charges-

(a) a charge for the purpose of securing any issue of debentures; (b) a charge on uncalled share capital of the company; (c) a charge created or evidenced by an instrument which, if executed by an individual, would require registration as a bill of sale;

(d) a charge on land, wherever situate, or any interest therein, but not including a charge for any rent or other periodical sum issuing out of land; (Replaced, 6 of 1984, s. 46)

(e) a charge on book debts of the company;

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(f) a floating charge on the undertaking or property of the

company;

(g) a charge on calls made but not paid;

(h) a charge on a ship or any share in a ship;

(i) a charge on goodwill, on a patent or a licence under a patent, on a trademark or on a copyright or a licence under a copyright.

(3) In the case of a charge created out of Hong Kong compris- ing porperty situate outside Hong Kong the delivery to and the receipt by the Registrar of a copy verified in the prescribed manner of the instrument by which the charge is created or evidenced, shall have the same effect for the purposes of this section as the delivery and receipt of the instrument itself, and 5 weeks after the date on which the instrument or copy could, in due course of post, and if dispatched with due diligence, have been received in Hong Kong shall be substituted for 5 weeks after the date of the creation of the charge, as the time within which the particulars and instrument or copy are to be delivered to the Registrar. (Amended, 1 of 1949, s. 8 and 6 of 1984, ss. 46 & 259)

Registration of charges created by companies.

1929 c. 23, s. 79.

IN233/26

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