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Section 223 Companies and Allied Matters Act (CAMA) 2020

Section 223 CAMA 2020

Register of particulars of charges

(1) The Commission shall keep, with respect to each company, a register in the prescribed form of all the charges requiring registration under this Part and shall, on payment of such fee as may be specified by regulations made by the Commission, enter in the register with respect to such charges in
the case of—

(a) a charge to the benefit of which the holders of a series of debentures are entitled, such particulars as are specified in section 222 (9) ; and
(b) any other charge—
(i) if the charge is a charge created by the company, the date of its creation, and if the charge was a charge existing on property acquired by the company, the date of its creation and the date of the acquisition of the property,
(ii) the amount secured by the charge,
(iii) short particulars of the property,
(iv) the persons entitled to the charge, and
(v) or a floating charge, a notice indicating the existence of any provisions in the charge that prohibit or restrict the company from granting any further charge ranking in priority to or pari passu with
the floating charge.

(2) Where a charge is registered under this Part, the Commission shall issue a registration certificate setting out the parties to the charge, the amount thereby secured, with such other particulars as the Commission may consider necessary, and the certificate is prima facie evidence of due compliance with
the requirements as to registration under this Part.

(3) The register kept in pursuance of this section shall be open to inspection by any person on payment of such fees as may be prescribed by the Commission.

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