Notifications

In terms of section 26(1) of the 2023 Act, the Keeper must verify registration of an RoA registration application to the assignor and assignee, or, as will be the case for the majority of applications, their respective agents.

In terms of section 90(1) of the 2023 Act, the Keeper must verify registration of an RSP registration application to the provider and secured creditor, or, again, their respective agents.

In both cases, the Keeper need only so verify where an email address is provided in the registration application for the parties to be notified.

Applicants for registration should provide email addresses for the assignor/assignee or provider/secured creditor, or as the case may be, their respective agents, where asked for by the Keeper’s online registration system, for verification purposes.

If no email address is given this will not result in rejection of the application but will mean that no verifications will be sent.

It will be possible to supply more than one email address for each of the assignor/assignee or provider/secured creditor. The Keeper will send a Verification Statement to each email address provided by the applicant for this purpose.

These email addresses will also be held by the Keeper for use in connection with the notification of any future correction of the Assignations Record entry or Statutory Pledges Record entry to which the registration application relates.

Verification Statements will contain a link to a web page or "landing page", which will contain details of the application to which the Verification Statement relates, including a pdf version of the full record entry. The pdf will be a snapshot of the Assignations Record or Statutory Pledges Record entry position as at that date, and, although it does not have the evidential status of an extract requested under either section 35 or 106 of the 2023 Act, it fully reflects the Assignations Record entry or Statutory Pledges Record entry after completion of the application to which the Verification Statement relates.

Both the assignor/assignee or provider/secured creditor will receive the same Verification Statement, and both parties will be able to access the respective pdf. The parties notified will be free to forward on the link to the landing page as they see fit and it will be possible to print or to save the pdfs locally to their own systems. The link to the landing page will be available for a 30-day period, which should allow the parties adequate time to access it following the acceptance of the registration application.

In terms of sections 23(4) of the 2023 Act, 86(3) of the 2023 Act and 88(3) of the 2023 Act, if rejecting an application for registration of, respectively, an assignation document, a statutory pledge constitutive document or a statutory pledge amendment document, the Keeper must inform the applicant, or, as will be the case with the majority of applications, their agent, accordingly.

Any rejection of a submitted RoA or RSP registration application will be due to the uploaded document(s) failing to pass virus scan stage.

Where this occurs, the Keeper will notify the applicant or, as the case may be their agent, by email that the application cannot be progressed until a virus-free document is submitted and give instructions to replace the document.

If the document isn't replaced, the Keeper will issue an email reminder after 20 days, advising that the application will be rejected in another 10 days (30 days after submission) unless a replacement document is submitted.

If no virus-free document is submitted by 30 days after submission, the application will be rejected and the applicant, or, as the case may be, their agent, notified by email.

As with registration in both the RoA and RSP, Secured Creditor Correction is an online automated process. There is no manual involvement of the Keeper in the correction process.

If a Secured Creditor Correction applicant completes all mandatory information fields on the Keeper’s online registration system and, if optionally so submitting, submits virus-free correction evidence documentation, the correction application will be accepted by the Keeper and registration will be near instantaneous.

Acceptance of a Secured Creditor Correction application in the context of the 2023 Act therefore means acceptance onto the register – in other words, when correction is complete.

In terms of both section 97(2) of the 2023 Act and Rule 38(6) of the 2024 Rules, the Keeper must notify the fact of Secured Creditor Correction having taken place to the applicant and the provider, as well as the current registered secured creditor if different from the applicant, or, as will be the case for the majority of applications, their respective agents.

In all cases, the Keeper need only so notify where an email address is provided in the correction application for the parties to be notified.

The Keeper’s default approach, however, will be to notify the fact of Secured Creditor Correction having taken place to all email addresses held by the Keeper in relation to the corrected Statutory Pledges Record entry.

Applicants for Secured Creditor Correction should provide email addresses for those parties to be notified, or as the case may be, their respective agents, where asked for by the Keeper’s online registration system, for notification purposes.

If no email address is given this will not result in rejection of the application but will mean that no notifications will be sent.

It will be possible to supply more than one email address for each of the parties to be notified. The Keeper will send a notification to each email address provided by the applicant for this purpose.

These email addresses will also be held by the Keeper for use in connection with the notification of any future correction of the Statutory Pledges Record entry to which the correction application relates.

Secured Creditor Correction Notification will contain a link to a web page or "landing page", which will contain details of the correction application to which the Correction Notification relates, including a pdf version of the full record entry. The pdf will be a snapshot of the Statutory Pledges Record entry position as at that date, and, although it does not have the evidential status of an extract requested under either section 106 of the 2023 Act, it fully reflects the Statutory Pledges Record entry after completion of the correction application to which the Correction Notification relates.

All parties notified will receive the same Correction Notification, and all parties will be able to access the respective pdf. The parties notified will be free to forward on the link to the landing page as they see fit and it will be possible to print or to save the pdfs locally to their own systems. The link to the landing page will be available for a 30-day period, which should allow the parties adequate time to access it following the acceptance of the correction application.

In terms of section 96(3) of the 2023 Act, if rejecting a Secured Creditor Correction application, the Keeper must inform the applicant, or, as will be the case with the majority of applications, their agent, accordingly.

Any rejection of a submitted Secured Creditor Correction application will be due to an uploaded document(s) failing to pass virus scan stage.

Where this occurs, the Keeper will notify the applicant or, as the case may be, their agent, by email that the application cannot be progressed until a virus-free document is submitted and give instructions to replace the document.

If the document isn't replaced, the Keeper will issue an email reminder after 20 days, advising that the application will be rejected in another 10 days (30 days after submission) unless a replacement document is submitted.

If no virus-free document is submitted by 30 days after submission, the application will be rejected and the applicant, or, as the case may be, their agent, notified by email.

Unlike all other RSP applications received by the Keeper, the Correction Demand Correction process is not an automated process. Each correction application will be considered on an individual basis by the Keeper’s staff.

If a Correction Demand Correction applicant completes all mandatory information fields on the Keeper’s online registration system and, if optionally so submitting, submits virus-free correction evidence documentation, the correction application will be accepted by the Keeper’s online registration system but the register will not be corrected at that stage.

Rejection may be required if the Keeper subsequently determines, after submission, that the Correction Demand Correction applicant has not provided the required application details, in terms of Rule 37(2)(b) of the 2024 Rules, or has done so, but in such a way as to prevent correction from taking place.

Also, the successful submission of a valid Correction Demand Correction application may not result in the correction of the register if a court subsequently directs that the register is not to be corrected.

Acceptance, in the context of a Correction Demand Correction application, is therefore acceptance that such an application has been accepted by the Keeper in order to initiate the Correction Demand Correction process.

It is not acceptance on to the register as the Correction Demand Correction application may subsequently be rejected by the Keeper or the register may ultimately not require to be corrected.

Where a valid Correction Demand Correction application is successfully submitted, section 99(3) of the 2023 Act requires the Keeper to first carry out a number of notification activities:

(a) serve a notice on the registered creditor stating that the Keeper intends to correct the Statutory Pledges Record 21 days after the date of service of that notice, the date of service being:

• where service is by email, the date of sending; and
• where service is by post, the day after the date on the notice.

(b) note on the record entry to be corrected that the Correction Demand Correction application has been received, the date of receipt and details of the correction(s) sought;

(c) issue a written statement to the applicant verifying receipt of the application; and

(d) if the registered provider in the record entry to be corrected is not the applicant, notify that provider that a notice has been served on the registered creditor.

If eventually correcting the register as a result of a Correction Demand Correction application, the Keeper must, in terms of both section 102(4) of the 2023 Act and Rule 38(3) of the 2024 Rules, notify the fact of that correction taking place, in so far as it is reasonable and practicable to do so, by email where an email address is held, or by post, if not, to:

(a) the provider (including purported providers);

(b) the registered creditor;

(c) the applicant, if not the provider or registered creditor; and

(d) any other person who appears to the Keeper to be affected by it materially.

Notification may, as will be the case for the majority of applications, be to the respective agents of these parties.

The Keeper’s default approach, however, will be to notify the fact of Correction Demand Correction having taken place to all email addresses held by the Keeper in relation to the corrected Statutory Pledges Record entry.

Applicants for Correction Demand Correction should provide email addresses for those parties to be notified, or as the case may be, their respective agents, where asked for by the Keeper’s online registration system, for notification purposes.

In the case of the email addresses for the provider and registered creditor (if different from the applicant), non-provision by the applicant will result in the rejection of the Correction Demand correction application (Rule 36(3)(e) of the 2024 Rules).

Otherwise, non-provision of an email address will not result in rejection of the application but will mean that no notification will be sent to that party.

It will be possible to supply more than one email address for each of the parties to be notified. The Keeper will send a notification to each email address provided by the applicant for this purpose.

These email addresses will also be held by the Keeper for use in connection with the notification of any future correction of the Statutory Pledges Record entry to which the correction application relates.

Correction Demand Correction Notification will contain a link to a web page or "landing page", which will contain details of the correction application to which the Correction Notification relates, including a pdf version of the full record entry. The pdf will be a snapshot of the Statutory Pledges Record entry position as at that date, and, although it does not have the evidential status of an extract requested under either section 106 of the 2023 Act, it fully reflects the Statutory Pledges Record entry after completion of the correction application to which the Correction Notification relates.

All parties notified will receive the same Correction Notification, and all parties will be able to access the respective pdf. The parties notified will be free to forward on the link to the landing page as they see fit and it will be possible to print or to save the pdfs locally to their own systems. The link to the landing page will be available for a 30-day period, which should allow the parties adequate time to access it following the acceptance of the correction application.

In terms of section 99(2) of the 2023 Act, if rejecting a Correction Demand Correction application, the Keeper must inform the applicant, or, as will be the case with the majority of applications, their agent, accordingly.

Unlike all other RSP applications received by the Keeper, the Correction Demand Correction process is not an automated process. Each correction application will be considered on an individual basis by the Keeper’s staff.

A Correction Demand Correction application can therefore be rejected after submission, if an applicant does not provide the required application details, in terms of Rule 37(2)(b) of the 2024 Rules, or does so but in such a way as to prevent correction from taking place.

Where rejection occurs for failure to fully comply with the terms of Rule 37(2)(b) of the 2024 Rules, the Keeper will notify the applicant or, as the case may be, their agent, by email.

Rejection would also be required if any uploaded document(s) failed to pass virus scan stage.

Where this occurs, the Keeper will notify the applicant or, as the case may be, their agent, by email that the application cannot be progressed until a virus-free document is submitted and give instructions to replace the document.

If the document isn't replaced, the Keeper will issue an email reminder after 20 days, advising that the application will be rejected in another 10 days (30 days after submission) unless a replacement document is submitted.

If no virus-free document is submitted by 30 days after submission, the application will be rejected and the applicant, or, as the case may be, notified by email.