Registering a debenture

Could you please advise how to register a debenture at the Land Registry.<br> <br> Do I use form CH1 or CH2?<br> <br> Many thanks

Jessica - debentures are a specific type of lending and how they are registered depends on what type of charge is created.<br> Form CH1 can be used if it's going to be a legal charge but form CH2 relates to obligations to make further advances only so isn't relevant re the form of charge itself.&#160;Debentures can also be registered as equitable charges&#160;<br> I must admit that I have never seen a debenture created using a form CH1 as most companies/lenders draw up their own very specific form of legal deed as a 'Debenture' rather than as a legal charge in form CH1 for example<br> If you do create one using form CH1 then please also be mindful of the requirements outlined in PG 29 sections 3 and 4 as appropriate -&#160;<a href="https://www.gov.uk/government/publications/registration-of-legal-charges-and-deeds-of-variation-of-charge">Registration of legal charges and deeds of variation of charge (PG29) - GOV.UK</a>

Hi Adam<br> <br> I'm sorry if I've confused you.&#160; We are using the lender's standard form of debenture along with their charge with MD reference.&#160; They want both to be registered at Land Registry.&#160; How would we do this?&#160;<br> <br> Many thanks<br> Jess

Hi Jessica - you apply to register it as appropriate using form AP1. Most debentures are 'legal charges' so are registered as such so if it has a 'charging clause' then away you go.&#160;<br> If it's not a legal charge but an equitable one then you can apply to register it as a Notice (AN1 or UN1)

Thank you very much Adam.&#160; We needed to check as we are being asked for an undertaking by the lender's solicitor so want to make sure we are getting it right.&#160;