Companies House

 
 


Guidance on completing the Particulars of a charge form MR01

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To avoid your mortgage charge being rejected, please complete all the necessary sections of the form. Please refer to the guidance below, the notes and checklist on the form.

MR01 should only be used where the date of creation is on or after 6 April 2013

General guidance on delivery of documents

The correctly completed documents must be delivered to Companies House within 21 days beginning with the day after the day the charge was created e.g. charge dated 06/04/2013 must be delivered by 27/04/2013.

Ensure the correct form type for the company is used i.e. form MR01 for a company registered in England/Wales/Scotland/Northern Ireland or form LL MR01 for a Limited Liability Partnership.

The form must be accompanied a certified copy of the written instrument signed by the charging company; the certified copy will be retained at Companies House and made available for the public register.   Please do not submit the original written instrument.

The form, written instrument & fee must be delivered together; we cannot retain an incomplete application whilst missing documents are submitted and neither can we contact a presenter requesting missing documents.

Written Instrument

The form must be accompanied by a certified copy of the written instrument signed by the charging company.

If executed as a "Deed" then the common seal of the company should be affixed or it must be signed by two people (either Director(s)/Secretary or Director and a witness). In the case of a Limited Liability Partnership (LLP); at least two signatures from members of the LLP or one member with a witness signature.

If executed in counterpart we only require the counterpart(s) signed by the charging company(s).

Company details (section 1)

Enter company name and number of the charging company - both must match the name and number held on Companies House records.

Charge creation date (section 2)

Enter the date of creation of the charge.  For full details of types of charge and date of creation, please see table below:

1. Type of charge 2. When charge created
Standard security The date of its recording in the Register of Sasines or its registration in the Land Register of Scotland
Charge other than a standard security, where created or evidenced by an instrument Where the instrument is a deed that has been executed and has immediate effect on execution and delivery, the date of delivery
Where the instrument is a deed that has been executed and held in escrow, the date of delivery into escrow
Where the instrument is a deed that has been executed and held as undelivered, the date of delivery
Where the instrument is not a deed and has immediate effect on execution, the date of execution
Where the instrument is not a deed and does not have immediate effect on execution, the date on which the instrument takes effect
Charge other than a standard security, where not created or evidenced by an instrument The date on which the charge comes into effect.

Name of persons, security agents or trustees entitle to the charge (section 3)

Enter the name of the person(s) entitled to the charge (the name(s) must accurately reflect the written instrument).  If there are more than four names, enter any four of the names and then tick the statement: “I confirm that there are more than four persons, security agents or trustees entitled to the charge.”

Description (section 4)

Enter a short description of any specified land (including buildings), ship, aircraft or intellectual property that has been charged.  This is the only information that is required in this section; if there is no specified land, ship, aircraft or intellectual property this section must be left blank or denoted None.

Charge or fixed security (section 5)

If the written instrument contains any charging clauses that create a charge or fixed security (other than the charges over land, ship, aircraft or intellectual property which you have detailed in section 4), you must tick the appropriate box.

Floating charge (section 6)

If the written instrument contains a floating charge, you must tick the appropriate box.

If you have ticked yes, and the floating charge covers all the property and undertaking of the company,   you must tick the appropriate box.

Negative Pledge (section 7)

If the written instrument has terms that prohibit the chargor from creating any further security that will rank equally with or ahead of the charge, you must tick the appropriate box.

Trustee statement (section 8)

You may tick the box if the chargor is acting as a trustee.  You can notify us later using a form MR06.

Signature (section 9)

All forms must be signed by a person with an interest in the charge i.e. they may be signed by the company, the lender or by a representative of the company or lender which includes Solicitors/Accountants. It must be a manuscript signature or an automatically generated signature; typeface is not acceptable.

Section 1075 Informal Correction of document

If, on examining the form we find that it contains errors, we will normally reject it and return it to the presenter, as we are generally unable to contact presenters to correct error on forms. However, under the Companies Act 2006 there is a provision to sign up for informal correction.

Once signed up if you present an application and we note an error on the particulars of the charge stated on the form (i.e. section 1 – 7 inclusive) we will send an email to the email address supplied and await a response.

You will not be able to use informal correction if we identify errors outside of the 21 day filing period, irrespective of when the document is received.

For more information on registering a mortgage charge and the information correction provision, please view our detailed guidance and other useful links below:

Guidance – Informal Correction
Guidance (GP3) Life of a Company - Event Driven Filings
Guidance (GPLLP2) Life of a Limited Liability Partnership
Companies Act 2006 (Part 25 - Company Charges)

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