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Published byCecil Bell Modified over 9 years ago
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REGISTRATION OF CHARGES (section 77- 87)
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“CHARGE” means an interest or lien created on the property or assets of a company or any of its undertakings or both as security and includes a mortgage. [Section 2(16)]
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EVERY company creating charge( in INDIA/Outside) must register the CHARGE with ROC in 30 days of creation/modification. on its property or assets any of its undertakings whether tangible or otherwise situated in or outside India signed by the company and the charge-holder together with the instruments, if any, creating such charge in such form. Application for registration of creation, modification of charge (other than those related to debentures) - FORM No. CHG- 1
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( 1- 30 DAYS FROM DATE OF CREATION ) REGISTER CHARGE WITH ROC WITH NORMAL FEES (FORM NO. CHG -1) (31-300 DAYS FROM DATE OF CREATION) REGISTER CHARGE WITH ROC WITH ADDITIONAL FEES (FORM NO CHG -10) (AFTER 300 DAYS FROM DATE OF CREATION) APPLICATION TO CENTRALGOVERNMENT FOR EXTENTION OF TIME (FORM NO. CHG – 8)
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COMPANY shall Register within 30 days from the date of payment or satisfaction of Charge. NO notice is required to be sent, in case the intimation of Satisfaction to the Registrar is in the specified form and signed by Charge-holder. If Satisfaction is not Registered with ROC in 30 Days – Application To Central Government For Extension Of Time (Form No. Chg – 8) Particulars for satisfaction of charge thereof - FORM No. CHG - 4
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I f any person obtains an order for the appointment of a receiver of Property, subject to a charge of a company IN 30 DAYS Give notice to the company and the Registrar along with a copy of the order or instrument If any person appoints receiver or person under any power contained in any instrument
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If any company contravenes – company - punishable – Rs. 10 Lacs Rs. 1 Lac Every officer in default shall be punishable – Imprisonment for a term which may extend to 6 months OR with fine Rs.1 Lac Rs. 25,000/- OR With Both
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In Following cases - CG may grant relief by Extending TIME limit or Rectifying Omission/Mis-statement after receiving application from Company – Omission to file with the Registrar any charge/ modification Omission to register any charge/Satisfaction of Charge within the time Omission or mis-statement of any particular with respect to any such charge or modification was accidental or due to inadvertence or some other sufficient cause or it is not of a nature to prejudice the position of creditors or shareholders of the company
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