REGISTRATION OF DEBENTURES
The registration of a debenture usually takes 6 to 8 weeks to be completed.
1. An officer of your customers will come to see us when they have received a letter from you telling them that the debenture has been approved and the fees to be paid (see the schedule on page 2).
2. The letter, which will be copied to us, will contain:
3. Your customer will pay the debenture fees and be given our official receipt.
4. We will prepare the debenture documents (usually within 1 or 2 days of receipt of the fees) and:
1) advise your customer that they will be legally bound by the documents signed and
2) invite them to obtain independent legal advice on their rights and liabilities under them.
5. Your customer will –
1) either take copies of the documents and independent legal advice letter template to a lawyer and thereafter return the legal advice letter to us
2) or tell us that they wish to go ahead without obtaining independent legal advice.
6. Your customer will execute the debenture documents.
7. We will send a notice of debenture for publication in the Official Gazette and newspapers.
8. When the notice of debenture has been published (this usually takes 2 to 4 weeks), we will prepare the affidavit of publication and file the debenture in the Companies Section of the Deeds Registry from 7 (the minimum period) to 10 days after publication.
9. We will make regular checks at the registry to ascertain when the debenture is ready for collection and when it is, uplift same and forward it to you.
If there is any existing encumbrance on any property being charged, it should be discharged before or simultaneously with the filing of the debenture.
You may of course contact us for an update at any time.
In the event of enforcement of a debenture becoming necessary, we can prepare the relevant documents relating to the appointment/change/removal of a receiver at a fee based on our hourly charge out rate.
DEBENTURE FEES & DISBURSEMENTS
If for under $500,000 - Company Registrar’s fee - $20,000:
If for over $500,000 - Company Registrar’s fee - $40,000:
Registrar’s duty - .25%
Notice of Publication $10,000:
Resolution, Particulars, Copy of Certificate - $2,750:
Attorneys’ fee - .8% of debenture amount plus VAT.
Attorney’s fee - $10,000: plus VAT
Filing fee - $54: