Can a liquidator void a registered charge over company assets?
A charge will usually not be enforceable against a liquidator of a company if: (a) the charge is not registered; (b) the charge is taken out within 6 months of the liquidator’s appointment and covers existing debts; (c) the granting of the charge gave a creditor preferential treatment to that creditor, or where the granting of the charge was uncommercial; (d) the charge was granted to a close associated of the company and was an Unreasonable Director Related Transaction. These factors may change when the new national security registration scheme is introduced.
