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.
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.
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-
full name 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.
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.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).