Law library · Sierra Leone · The Companies Act, 2009
Section 174, The Companies Act, 2009
In forceThe Companies Act, 2009, Sierra Leone
(1) Where, at the date of commencement of this Act acompany has property on which there is a charge particulars of which
would require registration if it had been created by the company after
the date of the commencement then, unless the charge has been
discharged or the property has ceased to be held by the company
prior to the expiration of 6 months from the date of the commencement,
the company shall, within that time, cause particulars of the charge to
be delivered to the Commission for registration together with the
document, if any, by which the charge was created or copy thereof,
certified as required.
(2) Every existing company shall, prior to the expiration
of 6 months from the commencement of this Act, deliver to the
Commission for registration a statutory declaration made by a director
and the secretary of the company stating whether or not there are
any charges on the company’s property of which particulars required
to be registered under this section and confirming that particulars of
any such charges have been duly delivered to the Commission for
registration.
(3) In the event of default in complying with subsection
(2), the company and every officer of the company who is in default
shall be guilty of an offence and liable to a fine of Le500,000 for each
day during which the default continues.
(4) Failure to comply with the provisions of this section
shall not affect the validity of the charge.
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