Jurisdiction(s):
United Kingdom

Erroneous Companies House MR04/MR05 satisfaction filings: charges remain valid; priority, notice and floating charge risks; lender protections and ECCTA 2023 removal powers

Published by a LexisNexis Banking & Finance expert

Practice notes

It is relatively common for a company that has created a charge over its assets to lodge a formal statement at Companies House asserting the charge has been satisfied when, in reality, it has not in fact been satisfied. Such a filing might be submitted by the company mistakenly—for example, under the misapprehension the liability has been settled in full—or it might be filed dishonestly to facilitate access to additional funding or credit. There have also been cases where entries at Companies House recorded that security had been released without the knowledge or awareness of the relevant company or the security holder concerned. For further detail and background, see News Analyses: Additional caution required for insolvency practitioners relying on Companies House filings and Update for insolvency practitioners on Companies House filings.

The key questions that arise are:

whether an incorrect filing of a satisfaction of charge form affects the continuing validity of that charge?
whether there are threats to the priority of a charge said to have been ‘released’?
what risks confront any lender proposing to take a subsequent charge?
what actions are available to lenders once they discover a satisfaction of charge form was submitted in error, and...

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Web page updated on 28/05/2026

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