'Registration of a charge' against company.

belongamick

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I have been approached by a relative to invest in his seemingly successful engineering business as a means to help him expand.
From the companies office, I note there is a 'Charge' registered against the business or
'A Charge Against The Company's Real Property As Scheduled'

I am not an accountant but it seems a commercial loan has been advanced against land owned by the company or is this what the 'Charge' is about? Is this a usual practice of highlighting overhanging debt or is this not the field of dreams after all?
 
The registration of a charge by a lender is effectively a method of putting others on notice.

So, if the company went and got a 2nd loan from another party but pledged the same land, the original creditor can go to the courts and say their charge is senior to the 2nd charge as it was registered in advance and therefor the 2nd lender/investor was on notice that the asset had already been pledged given the 1st charge was registered.

It does suggest the company has some form of credit line from a lender which is secured on some of its assets. However, this is not necessarily a bad thing - the majority of companies have debt. Ask your relative for details.
 
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