REGISTRUM

What a register of charges proves and where to obtain it

A register of charges records claims lodged against a company's assets or against a specific movable or immovable item, naming the chargor, the chargee, the amount secured and the date of registration. It does not confirm that the underlying debt still exists or that the asset described still belongs to the chargor.

What a register of charges / pledges establishes

A register of charges gathers entries lodged by a chargee, typically a bank or another secured creditor, against a company's assets or against a specific movable or immovable item pledged as security. Where the charge is filed against the company as a whole, the entry sits on the company's own file rather than against a described asset, and a search by asset description will not find it. Where the charge is filed against a specific asset – a vessel, an aircraft, a parcel of land, a share pledge – the entry sits on the register kept for that asset class, and a search by the company's name alone may return nothing.

Fields commonly found in an extract include the chargor's name, the chargee's name, the date the charge was created, the date it was registered, the amount secured or a statement that it is unlimited, and a priority ranking against other charges over the same asset. Some registers add a short asset description; others cross-refer to a separate instrument held on file, which is not reproduced in the extract itself.

A certified copy, where the register issues one, reproduces the filed instrument in full – the deed of charge or pledge agreement – rather than summarising it. An official extract, by contrast, lists the register's own fields without reproducing the underlying document, and is the more common form ordered in practice. Company records held by the same authority may show the charge as a single cross-referenced line, pointing to the charges register proper.

Release or satisfaction is recorded as a separate entry, dated independently of the original charge. Where no release entry exists, the charge stands as outstanding on the face of the register, whatever has actually passed between the parties. The document is ordered as a discrete unit – one search, one date, one extract – and it does not update itself once issued.

How its form varies between jurisdictions

Where a jurisdiction runs one unified register, a single search against the company's name or registration number returns every charge, wherever the underlying asset sits. Where a jurisdiction splits the record by asset class, a single search returns only half the picture, and the reader is left assuming a completeness the document does not offer.

Poland illustrates the split cleanly. One system records pledges over movable assets and registered rights; a separate, unconnected system records mortgages over land and buildings. A search of the pledge register returns nothing about a mortgage on the same debtor's premises, and a search of the land and mortgage register returns nothing about a pledge over the debtor's equipment. Checking one and treating the result as the full charges position on a target company is a common error, and it produces a falsely complete answer.

Other jurisdictions split by charge type rather than by asset: a floating charge over the whole undertaking sits on one file, a fixed charge over a named asset on another, even where both cover the same company. Where the register distinguishes filed security from arrangements that never reach the public record, the extract shows only the former, and the document alone cannot confirm that nothing else exists.

Language of issue varies as well. Some registers issue in the national language only, leaving translation to the applicant. Others pair a certified copy in the national language with a standard-form extract in English. Certification form differs too: some authorities seal and sign the extract itself; others issue a plain printout and require a separate certification step, often through a licensed registered agent, before the document carries weight outside the jurisdiction.

Where the register does not exist or is closed to a foreign applicant

Not every jurisdiction maintains a register of charges / pledges that a foreign applicant can search directly. Where access is restricted to residents or to a licensed registered agent acting locally, an order routes through that agent rather than through a direct public search, and the turnaround reflects the extra step.

Where the underlying arrangement sits outside the company register altogether – an informal pledge never filed – no entry exists to extract, and no document can prove a negative. The absence of an entry confirms only that none is filed with this particular authority, not that no charge exists.

The document does not confirm the current value of the secured asset, the financial standing of the chargor, or whether the parties have informally varied or discharged the charge without filing an amendment. It records what was filed and when, not what has happened since between the parties off the file.

Where a jurisdiction has no separate register for pledges over movable assets at all, a search for one will legitimately return nothing – not because the charge is undisclosed, but because that class of record is not kept there.

What is ordered alongside it

A charges extract is commonly ordered together with a certificate of good standing, which confirms the company's status without listing its charges, and with a fuller set of company records covering directors, shareholders and registered office. Where the charge concerns immovable property, an extract from the land register covering ownership is ordered separately, since the two records are held apart even under one authority.

Where the document is intended for use outside the jurisdiction that issued it, an apostille, or legalisation through a consular chain for jurisdictions outside the Apostille Convention, is ordered as a distinct step. An apostille certifies the signature and seal on the extract; it does not certify that the charge described remains outstanding.

A translation, where the register issues only in its own language, is a further addition and is not produced by the registry itself. For a target company under review, the charges extract is typically requested alongside an insolvency search from the same jurisdiction, since the two are held on separate files and neither confirms the other.

Issuing authority, form and access

The authority responsible for a register of charges / pledges is ordinarily the body that maintains company records or the land or asset register concerned, rather than a court. The fee, the turnaround and the exact form of the extract vary by register and are confirmed before an order is placed. Availability to a foreign applicant depends on whether the register permits a direct public search or requires a licensed registered agent acting locally. Reuse terms are set by the issuing authority itself and are stated on the extract.

What is a register of charges / pledges?

It is a record of claims lodged by a creditor against a company's assets or against a specific movable or immovable item, showing the chargor, the chargee, the amount secured and the date of registration. It does not itself confirm that the underlying debt remains outstanding. Where a jurisdiction splits the record by asset type, a search of one part will not show entries held on the other.

Who issues a register of charges / pledges?

The body that maintains company records or the relevant land or asset register issues the document, not a court. Where a jurisdiction separates company charges from asset-specific charges, two different bodies may each hold half of what a reader assumes is a single register. Access for a foreign applicant sometimes requires a licensed registered agent rather than a direct public search.

How long does a register of charges / pledges stay current?

An extract reflects the register's position on the date it was produced and does not update afterwards. A charge released the day after issue will not appear on that copy. Where a transaction depends on the charges position, a fresh extract close to completion reflects entries filed since the last search.

Does a register of charges show whether a charge has been repaid?

Only where a release or satisfaction entry has been filed. The register records what the parties have lodged, not what has happened privately between them. Where no release entry appears, the charge stands as outstanding on the document, regardless of whether the debt has since been settled.

Can a register of charges be searched by asset instead of by company name?

Where the register is organised by asset class, yes; a search by the asset's description or identifying number returns entries a company-name search would miss. Where the register is organised by company file only, a search needs the registration number, and asset-specific charges filed elsewhere will not appear.

Is a charges extract proof of a company's total debt?

No. The extract lists filed charges only; it says nothing about unsecured debt or informal arrangements never lodged. Company records from the same authority, read alongside the charges extract, narrow the picture but do not complete it on their own.

Tomasz Reder covers land registers, charges and entry keys across the jurisdictions REGISTRUM sources from. His work concerns what a registry document was built to record and what it was never built to show – the difference between an official extract and a full set of company records, and the point where a search key that works in one register returns nothing in another.

By Tomasz Reder

To order a register of charges / pledges, state the entity, the jurisdiction and the date you need it by; we confirm availability and the fee before you pay. If the document does not exist in this jurisdiction or cannot be obtained for you, we say so before you pay and we do not take the order.

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REGISTRUM obtains and delivers official records issued by public registers and licensed registered agents. This page describes what those records contain and how they are obtained. It is not advice on the legal effect of any record. To order, write to info@registrumfirm.com.

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