Section 127: Filing of particulars of charges

127. Filing of particulars of charges (1) Every company shall, within 28 days of the creation by the company of any charge or of making any issue of debentures charged on or affecting any property of the company, file with the Registrar, a statement of the particulars specified in subsection (3) and a certified copy of the instrument of charge, in a form approved by the Registrar. [Issue 9] C35 – 82 Revised Laws of Mauritius (2) Where— (a) a company acquires any property which is subject to a charge referred to in subsection (1), particulars of which would, if it had been created by the company after the acquisition of the property, have been required to be filed; (b) a registered foreign company has, before registration, created a charge subject to subsection (1), particulars of which would if it had been created by the company while it was registered, have been required to be filed; or (c) a registered foreign company has before registration acquired any property which is subject to a charge subject to subsection (1) particulars of which would, if it had been created by the company after the acquisition and while it was registered, have been required to be filed, the company shall, within 28 days after the date on which the acquisition is completed or the date of the registration of the company in Mauritius, as the case may be, cause to be filed with the Registrar a statement of the particulars specified in a form approved by the Registrar. (3) The particulars required to be given in the statement are— (a) if the charge is a charge created by the company, the date of its creation, and if the charge was a charge existing on any property acquired by the company, the date of the acquisition of the property; (b) the amount secured by the charge; (c) a description sufficient to identify the property charged; (d) the name of the person entitled to the charge, and any prohibition or restriction contained in the instrument creating the charge, or in any agency deed, on the power of the company to create any other charge or issue debentures ranking in priority to or equally with the charge or debentures in respect of which the application is made. (4) — [S. 127 amended by s. 5 (h) of Act 27 of 2012 w.e.f. 22 December 2012.] PART XI – DIRECTORS AND THEIR POWERS AND DUTIES Sub-Part A – Directors and Board of Directors