Guidance

Debentures containing charge

In case that a series of debentures, created by a company, contains or gives by reference to any other instrument, any charge to the benefit of which the debenture holders of that series are entitled pari passu, the company must submit a relevant notice to the Registrar of Companies (form HE25).

The notice must be registered by submitting form HE25 within twenty-one (21) days from:

• the date of execution of the deed containing the charge, or
• the date of execution of any debentures of the series.

Registering debentures containing charge

You may submit the form notifying a series of debentures or separate issue (form HE25), by hand/post, accompanied by:

• in case of notifying a series of debentures:
  • the document amending or assigning the charge; or
  • the debenture of series;
• the fee of twenty euros (€20);
• an additional fee of twenty euros (€20), if the accelerated procedure is required;
• a court order extending the time of submission (if the relevant form was not filed within the above timeframes), accompanied by an additional fee of twenty (€20) euros.

The fees are payable in cash, by cheque, via an account maintained with the Department of the Registrar of Companies or via bank transfer.

You are advised to refer to the Explanatory Notes of form HE25, so as to acquire a better understanding of what is required and to facilitate the process further.

Provided that the Registrar of Companies is satisfied that all, relevant to the circumstances legal requirements have been met, he will proceed with registering the form and updating the companies register.

The company may request to obtain certified copies.

 The redesigned form HE25 has been implemented as from February 12th, 2021.