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High Court grants order extending time for the registration of a charge executed in 2004, but without prejudice to rights acquired between date of creation and date of registration.
Company law - application to extend time for the registration of a charge in Companies Registration Office - company in receivership - application by NAMA - National Asset Management Agency Act 2009 - whether failure to register charge was accidental or due to inadvertence - whether prejudice to shareholders or creditors - deed of charge to bank - replication of original charge in subsequent charge registered two months later - second charge never stamped but registered as if an effective charge - confirmation in writing that bank would not rely on second purported charge - requirement that bank execute deed of release in respect of second purported charge - priority of charges.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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