Commonwealth Numbered Acts

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CORPORATIONS ACT 2001 - SECT 268

Assignment and variation of charges

(1) Where, after a registrable charge on property of a company has been created, a person other than the original chargee becomes the holder of the charge, the person who becomes the holder of the charge must, within 45 days after he, she or it becomes the holder of the charge:

(a)
lodge a notice stating that he, she or it has become the holder of the charge; and

(b)
give the company a copy of the notice.

(2) Where, after a registrable charge on property of a company has been created, there is a variation in the terms of the charge having the effect of:

(a)
increasing the amount of the debt or increasing the liabilities (whether present or prospective) secured by the charge; or

(b)
prohibiting or restricting the creation of subsequent charges on the property;

the company must, within 45 days after the variation occurs, ensure that there is lodged a notice setting out particulars of the variation and accompanied by the instrument (if any) effecting the variation or a certified copy of that instrument.

(3) Where a charge created by a company secures a debt of an unspecified amount or secures a debt of a specified amount and further advances, a payment or advance made by the chargee to the company in accordance with the terms of the charge is not taken, for the purposes of subsection (2), to be a variation in the terms of the charge having the effect of increasing the amount of the charge or the liabilities (whether present or prospective) secured by the charge. (4) A reference in this section to the chargee in relation to a charge is, if the charge is constituted by a debenture and debentures and there is a trustee for debenture holders, to be construed as a reference to the trustee for debenture holders. (5) Nothing in section 263 requires the lodgment of a notice under that section in relation to a charge merely because of the fact that the terms of the charge are varied only in a manner mentioned in this section.



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