CRO guidelines in relation to Form C1 and Land Registry Form 115

In its recent newsletter (No. 109) the CRO has issued guidelines in relation to the requirement to file C1s relating to charges created by a company over registered land. Since the introduction by the Land Registry, in March earlier this year, of Form 115 practitioners have tended to err on the side of caution and file a separate C1 in respect of the both mortgage document containing the mortgage conditions (mortgage/debenture) and the Form 115 containing the specific charge created over registered land.

Essentially where the mortgage/debenture and Form 115 bear the same date only one filing in respect of the mortgage/debenture (or if solely charging registered land, the Form 115) is required. Where the mortgage/debenture and the Form 115 bear separate dates, a separate filing in respect of each will be required.