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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 9046
Experience:  LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
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Hi, I am trying to put a voluntary charge on our house as a

Resolved Question:

Hi, I am trying to put a voluntary charge on our house as a guarantee on a business investment (we don't have the 50% in liquid funds but don't want the other person to bare 100% of the risk)
I have downloaded forms CH1, AP1 and ID1.
Are these the only forms I require?
I am having a little trouble with box 9 - additional provisions and box 10 - execution.
Are you able to offer assistance.
Will the charge automatically show on the register or do we have to fill any other forms?
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Aston Lawyer replied 1 year ago.

 

Hi there,

 

Thanks for your enquiry.

 

The 3 forms you mention will be all you need to send to the Land Registry, together with the fee.

 

As regards XXXXX XXXXX how much money are you in effect borrowing and over what period is it to be repaid?

 

I look forward to hearing from you.

 

Kind Regards

AL

Customer: replied 1 year ago.

The amount to be guaranteed is £100,000 which won't have to be repaid (unless the business failed) because it is not physically being borrowed.


 


 


The person we are going in with is a long standing family friend who is rather well off. If we had access to £100,000 we would put it into the business and therefore share 50% of the risk should it fail.


 

Expert:  Aston Lawyer replied 1 year ago.

 

Hi,

 

Thanks for your reply.

 

Box 9- the wording to be put in this Box should set out the amount of the Charge and the terms under which it becomes payable.

I note that you are not in effect borrowing any money, and therefore you have to be careful what to put, as the Charge will of course become legally binding, and may become an issue in the unlikely and unfortunate event of there being a business fall out in the future.

 

The wording doesn't have to be in any set formula and can be worded as loosely as you like, and can be as short or long as you like.

 

I therefore suggest the following shortly wording clause,(with Mr X being your business partner)-

 

"Such sum as may be owed by me to Mr X, up to a maximum of £100,000.00, in respect of our jointly owned business known as ABC Business".

 

Keeping it this short should give your Partner peace of mind and is as basic as you need it to be.

 

As regards XXXXX XXXXX this is where you need to sign. Although not imperative, your Partner can also sign in this box (to confirm that he has agreed to the terms of the Charge). Each signature needs to be witnessed by a non family member who should sign their normal signature, print full name, and address.

 

Here is the clause -

 

SIGNED as a DEED

by JOE BLOGGS

in the presence of:- Joe Bloggs signs here

 

Witness puts their-

signature here

full name here

address here

 

Once you have completed the Forms and sent the fee off to the LR, the Charge will then get registered on your Title.

 

I hope this answers your question, and if so, I would be grateful if you could leave positive feedback.

 

Kind Regards

AL

 

Customer: replied 1 year ago.

Hi Al,


I think I am just about ready to be able to rate to finish so thanks for your detailed assistance.


Can I just tie up the loose ends that are preventing me from filling the form in - hopefully just a confirmation from you that I have understood what I have read.


All I need to apply this charge are CH1 as the charge, AP1 to change the register (so this actually shows the charge on the register?) AP1 seems fairly straightforward.


Then it would be a form ID1 each for my wife and I (separate solicitors to certificate or the same?) and an ID2 for the limited company?


Lastly (honest) section 8 of the CH1 - no x in the further advances box but is anything required in the standard form of restriction box?


Many thanks again.

Expert:  Aston Lawyer replied 1 year ago.

 

Hi again,

 

The AP1 Form is just really the application form and the Land Registry won't register anything without a completed AP1.

 

The ID Forms can be dealt with by the same Solicitor, and you will need to provide the L Registry with ID1's for yourself and your Wife and ID2 for the Company.

 

Section 8- Please leave both boxes blank. A Restriction isn't required- a Restriction would in effect prohibit you from granting any further Charge or Mortgage to a third party without the consent of the Company who you are currently granting a Charge to.

 

Hope this helps.

 

Kind Regards

AL

Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 9046
Experience: LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
Aston Lawyer and 2 other UK Property Law Specialists are ready to help you

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