Ireland · Charges and receivers
Registering a charge, the two procedures and the company's own register of charges
the Companies Act 2014 · sections 409 to 411, 413 and 418
The company has 21 days from creating a charge to get the prescribed particulars to the Registrar
The 21-day period is the whole of the risk. Under the one-stage procedure, the prescribed particulars in the prescribed form must be received by the Registrar not later than 21 days after the date of the charge's creation (section 409(3)). Under the two-stage procedure, a notice of intention to create the charge goes first, and a notice stating that the charge has been created must be received not later than 21 days after the Registrar received the first notice (section 409(4)).
The duty sits on the company, not on the lender, although the section preserves the position of others. It is the duty of the company that creates the charge to comply with section 409(3) or (4) with respect to registration (section 410(1)). Where a company acquires property already subject to a charge that would have required registration had the company created it, the company must see that the prescribed particulars reach the Registrar not later than 21 days after the date on which the acquisition is completed (section 411(2)).
A company must keep a copy of every charge instrument at one place under section 418
Section 413 sets the procedure for registering a judgment mortgage, which requires the prescribed particulars to reach the Registrar together with the relevant judgment mortgage document (section 413(2)). The consequences of failing to register are set by the Part rather than by the instrument, so a lender who relies on the deed alone may find the security ineffective against a liquidator or a purchaser.
The company keeps its own record as well. A company must keep a copy of every instrument creating a charge in relation to it that requires registration under the Part, including, in the case of a judgment mortgage, a copy of the relevant document (section 418(1)). All such copies must be kept at the same place (section 418(2)), which makes a scattered set of loan files a breach in itself.
The system generates your ComplianceSME company passport and then walks you through the working files
Working file 65 of the IE-COMPANY agent toolkit covers this situation on its own. It asks for every charge created or acquired in the period, the date of creation or of completion of the acquisition, which procedure was used, the date the particulars reached the Registrar, and where the copy instrument is held. The output records each charge as a row with its own status, so a single late registration is visible rather than buried in a general answer.
- Working file 65 · Registration of charges and the company's register of charges
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The working files above open from your ComplianceSME account at no charge, and so does the rest of the Companies Act 2014 toolkit: 215 working files across the 75 situations a company registered in Ireland can be in. Working file 1 runs first and builds the company passport; after that you open each working file as its situation arises.
A working file runs in Claude. You ask the ComplianceSME connector for it in a dedicated premium seat on the Claude Team plan. It asks one question at a time, then returns the document the Companies Act 2014 names, citing the Act's section at every step. Nothing is downloaded and nothing is installed.
The report stays yours, ready for a bank, an insurer, a customer or an inspector. Your dashboard shows every working file and its state.
Open this working fileComplianceSME tracks the Companies Act 2014 and updates the toolkit on your account through the Compliance Complete account, so that you are never working from a superseded version. Compliance Complete