(1) It shall be the duty of the company that creates the charge to comply with the procedure under section 409(3) or (4) with respect to the charge's registration but this is without prejudice to subsection (2).
(2) Any person interested in the charge may use the procedure under section 409(3) or (4) with respect to its registration and the person's using that procedure (and in compliance with section 409(3) or (4)) shall have the same effect as if the company had used that procedure (and in compliance with section 409(3) or (4)).
(3) Where such a person uses that procedure (and in compliance with section 409(3) or (4)), the person may recover from the company the amount of fees properly paid by that person to the Registrar in respect of the registration of the charge concerned.