Scotland statutory deadlines
When must a company deliver a Scottish charge for registration?
The ordinary delivery period is 21 calendar days beginning with the day after legal creation of the charge. Establish creation under section 859E, rather than assuming the signing date. A court extension under section 859F uses its actual order and is not inferred.
- Period
- 21 calendar days beginning with the day after legal creation
- Trigger
- the actual legal creation of the charge under section 859E
- Rule
- Companies Act 2006 ss 859A, 859D, 859E, 859F
Current maintained statutory sources and applicable regulation. Historical and transitional regimes require their own actual law. The supported input and working-day calendar window covers 2024 through 2028.
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When must a company deliver a Scottish charge for registration?
The ordinary delivery period is 21 calendar days beginning with the day after legal creation of the charge. Establish creation under section 859E, rather than assuming the signing date. A court extension under section 859F uses its actual order and is not inferred.
Responsible actor. Company or person interested in the charge.
Identify the actual public body or company and statutory branch.
Use the actual legal creation of the charge under section 859E.
Part25 defines a UK-registered company and the included charge types. Section859A excludes listed charges and requires the statement of particulars and any certified instrument. Section859E distinguishes standard-security registration or recording, deed delivery including escrow, non-deed execution or later effect, and an uninstrumented charge coming into effect. All essential execution must be established. No court extension or foreign-company regime is assumed.
Establish the actual statutory event, exact branch, current applicable regime and completion route. Only the encoded ordinary periods and fully supplied supported qualifications are calculated.
Companies Act 2006 ss 859A, 859D, 859E, 859FHow does this provision count time?
- Exclude the actual creation day and count21 calendar days. This is equivalent to21 days beginning with the following day. Weekends and bank holidays remain within the period and do not automatically extend the endpoint.
- The registrar’s delivery process governs completion. No court-holiday or next-business-day extension is inferred. Plan delivery so the required documents actually reach the registrar within the statutory period.
- Complete the actual statutory act within the applicable period.
Exclude the actual creation day and count 21 calendar days. This is equivalent to 21 days beginning with the following day. Weekends and bank holidays remain within the period and do not automatically extend the endpoint.
The registrar’s delivery process governs completion. No court-holiday or next-business-day extension is inferred. Plan delivery so the required documents actually reach the registrar within the statutory period.
Companies Act 2006 ss 859A, 859D, 859E, 859FWhat do independently checked examples show?
Fictitious example
Fictitious facts. The actual legal event, branch, unaltered period and completion route are established.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Fictitious facts. The actual legal event, branch, unaltered period and completion route are established. Independent Python calendar arithmetic establishes Tuesday, November 3, 2026. No engine output was used. | Tuesday, November 3, 2026 |
| Example 2. Material procedural branch | Fictitious facts. The actual legal event, branch, unaltered period and completion route are established. Independent Python calendar arithmetic establishes Tuesday, November 3, 2026. No engine output was used. | Tuesday, November 3, 2026 |
| Example 3. Material procedural branch | Fictitious facts. The actual legal event, branch, unaltered period and completion route are established. Independent Python calendar arithmetic establishes Tuesday, November 3, 2026. No engine output was used. | Tuesday, November 3, 2026 |
| Example 4. Material procedural branch | Fictitious facts. The actual legal event, branch, unaltered period and completion route are established. Independent Python calendar arithmetic establishes Tuesday, November 3, 2026. No engine output was used. | Tuesday, November 3, 2026 |
| Example 5. Material procedural branch | Fictitious facts. The actual legal event, branch, unaltered period and completion route are established. Independent Python calendar arithmetic establishes Tuesday, November 3, 2026. No engine output was used. | Tuesday, November 3, 2026 |
| Example 6. Material procedural branch | Fictitious facts. The actual legal event, branch, unaltered period and completion route are established. Independent Python calendar arithmetic establishes Tuesday, November 3, 2026. No engine output was used. | Tuesday, November 3, 2026 |
| Example 7. Material procedural branch | Fictitious facts. The actual legal event, branch, unaltered period and completion route are established. Independent Python calendar arithmetic establishes Tuesday, November 3, 2026. No engine output was used. | Tuesday, November 3, 2026 |
| Example 8. Material procedural branch | Fictitious facts. The actual legal event, branch, unaltered period and completion route are established. Independent Python calendar arithmetic establishes Tuesday, November 3, 2026. No engine output was used. | Tuesday, November 3, 2026 |
| Example 9. Closed-day boundary | Fictitious facts. The actual legal event, branch, unaltered period and completion route are established. Independent Python calendar arithmetic establishes Saturday, October 31, 2026. No engine output was used. | Saturday, October 31, 2026 |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- Source condition 1
- This is a UK-registered company and a charge within Part 25. The statutory exclusions, including pledges, landlord cash deposits and Lloyd’s security, do not apply.
- Source condition 2
- I established the selected section 859E creation event, including all essential execution and delivery. Signing alone is not substituted for legal creation.
- Source condition 3
- No court order extends the ordinary period. Any extended period must use its actual order and separate review.
- Source condition 4
- The required statement of particulars and any certified instrument must reach the registrar through the applicable delivery process.
- Establish the actual statutory event, exact branch, current applicable regime and completion route. Only the encoded ordinary periods and fully supplied supported qualifications are calculated.
- The related procedures have their own actor, event and period. A court appeal, authority review or other complaint does not automatically replace this statutory event.
What must the responsible actor complete?
Questions about this procedure
When must a company deliver a Scottish charge for registration?
Does signing a standard security start the period?
Section859E uses its recording in the Register of Sasines or registration in the Land Register of Scotland. Signing alone does not replace that event.
Companies Act 2006 ss 859A, 859D, 859E, 859FWhat about a deed delivered into escrow?
The section859E table identifies delivery into escrow as the creation event for an executed deed held in escrow. Establish the exact instrument and applicable branch.
Companies Act 2006 ss 859A, 859D, 859E, 859FWhich documents must reach the registrar?
Section859A requires the section859D statement of particulars. Where an instrument creates or evidences the charge, a certified copy must accompany it. The applicable registrar process controls delivery.
Companies Act 2006 ss 859A, 859D, 859E, 859FOfficial sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Companies Act 2006 ss 859A, 859D, 859E, 859F | Check the identified procedure, event, counting rule or qualification |
| Section 859E, actual legal creation | Check the identified procedure, event, counting rule or qualification |
| Section 859F, court extensions | Check the identified procedure, event, counting rule or qualification |