Just a moment...

Top
Help
AI OCR

Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page

Try Now
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

Chapter VI - The Companies (Registration of Charges) Rules, 2014.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ans the fees as specified in the Companies (Registration offices and fees) Rules, 2014; (d) ''Form'' or "eforms" means form set forth in Annexure to these rules which shall be used for the matter to which it relates; (e) ''Regional Director'' means the person appointed by the Central Government in the Ministry of Corporate Affairs as a Regional 'Director; (f) ''section'' means the section of the Act. (2) Words and expressions used in these rules but not defined and defined in the Act or in Companies (Specification of definitions details) Rules, 2014 shall have the meanings respectively assigned to them in the Act and said rules. 3. Registration of creation or modification of charge. (1) For registration of charge as provided in sub-section (1) of section 77, section 78 and section 79, the particulars of the charge together with a copy of the instrument, if any, creating or modifying the charge in Form No.CHG-1 (for other than Debentures) or Form No.CHG-9 (for debentures), as the case may be, duly signed by the company and the charge holder and filed with the Registrar within a period of thirty days of the date of creation or modification of charge a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rge under section 79 of the Act. 6. Certificate of registration. -(1) Where a charge is registered with the Registrar under sub-section (1) of section 77 or section 78, he shall issue a certificate of registration of such charge in Form No.CHG-2 (2) Where the particulars of modification of charge is registered under section 79, the Registrar shall issue a certificate of modification of charge in Form No. CHG-3 (3) The certificate issued by the Registrar under sub-rule (1) and sub-rule (2) shall be conclusive evidence that the requirements of Chapter VI of the Act and the rules made thereunder as to registration of creation or modification of charge, as the case may be, have been complied with. 7. Register of charges to be kept by the Registrar.- (1) The particulars of charges maintained on the Ministry of Corporate Affairs portal (www.mca.gov.in/MCA21)shall be deemed to be the register of charges for the purposes of section 81 of the Act. (2) The register shall be open to inspection by any person on payment of fee. 8. Satisfaction of charge.- (1) A company shall within a period of thirty days from the date of the payment or satisfaction in full of any charge regis....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n sub-clause (a),(b) and (c) of clause (i) of sub-section (1) of section 87 of the Act shall be filed with the Central Government in Form No.CHG-8 along with the fee. (3) The order passed by the Central Government under sub-section (1) of section 87 of the Act shall be required to be filed with the Registrar in Form No.INC.28 along with the fee as per the conditions stipulated in the said order. File No. 01/10/2013 CL-V (Renuka Kumar), Joint Secretary to the Govt of India Form No. CHG ============= Document 1 28 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II-SEC. 3(i)] FORM NO. CHG.1 [Pursuant to sections 77,78 and 79 and pursuant to Section 384 read with 77,78 and 79 of the Companies Act, 2013 and Rule 3 (1) of the Companies(Registration of Charges) Rules 2014] Form Language o English o Hindi सत्यमेव जयते Refer the instruction kit for filing the form. 1. (a) *Corporate identity number (CIN) or foreign company registration number (FCRN) of the company (b) Global Location Number (GLN) of company 2. (a) Name of the company Form for registration of creation, ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....˜ Yes â–¡ No â–¡ Yes â–¡ No outside India (c) Number of charge holder(s) (Note: If more than one charge holder involved then attach the names of charge holders, details of extent to the charge, particulars of property charged, amount secured) 10. Particulars of the charge holder (in case charge is modified in favour of ARC or assignee, enter the particulars of ARC or assignee) Category If others, specify Name In case of others, specify CIN, if applicable *Name Address *Line I Line II Pre-fill Get List of Charge holders *City *State Country *Pin code *e-mail id 11. (a) *Amount secured by the charge (in Rs.) *ISO country code (In case the amount is in foreign currency, rupee equivalent to be stated) (In case of modification of charge, enter the amount secured by the charge after such modification) (b) Amount secured by the charge in words (c) In case amount secured by the charge is in foreign currency, mention details 12. Brief particulars of the principal terms and conditions and extent and operation of the charge (a) *Rate of interest (b) *Terms of repayment *Margin 29 ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ered office or principal place of business in India of the company. I further declare that: (a) the delay in filing the particulars of creation/modification, was accidental or due to inadvertence or some other sufficient cause and are or is not of a nature to prejudice the position of the charge holder, shareholders or creditors of the company; (b) no prejudice would be caused to the charge holder(s) or any other creditor(s) of the company, if the delay is condoned; (c) the company has not created or modified any other charge(s) whatsoever on the assets of the company, since the creation / modification of the present charge, for which the application for condonation of delay is being filed; (d) the company is carrying on the business as on the date of filing this application and no proceedings to wind-up the company have commenced or are pending against the company; (e) there is no litigation proceedings pending before any court of law for which condonation of delay is being filed; (f) the company has not applied for striking off the name of the company from the register of Registrar of Companies To be digitally signed by Direct....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....oned above in the Register of Charges, in accordance with the provisions contained in that behalf in Chapter VI of the said Act. on behalf of the company in favour of Given under my hand and seal, at ....... ....(place), this day of two thousand Registrar of Companies [भा[भाग II-खण्ड 3 (i)] भारत का राजपत्र : असाधारण Form No. CHG-3 Certificate of registration of modification of charge [Pursuant to section 79(b) of the Companies Act 2013 and sub- rule (2) of rule 6 of the Companies (Registration of Charges) Rules, 2014 Corporate identity number (CIN) or foreign company registration number (FCRN) of the company: Name of the company: Charge Identification No.: This is to certify that pursuant to the provisions contained in Chapter VI of the Companies Act 2013, the above charge dated the Day of 20... created in favour of to secure the amount of Rs. has been modified in the following manner: Brief particulars of the modification: (as appearing in Form No. 6.1 filed for modific....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ing that the amount has been satisfied; 2. Order of the Central Government; 3. Optional attachment(s) ㅁ Declaration I am authorized by the Board of Directors of the Company vide resolution no dated* to sign this form and declare that all the requirements of Companies Act, 2013 and the rules made thereunder in respect of the subject matter of this form and matters incidental thereto have been complied with. I also declare that all the information given herein above is true, correct and complete and as per the attached [भा[भाग II-खण्ड 3 (i)] भारत का राजपत्र : असाधारण charge instrument(s) or document(s) and nothing material has been suppressed. ☐ I further declare that: 1. the delay in filing the particulars of satisfaction, was accidental or due to inadvertence or some other sufficient cause and are or is not of a nature to prejudice the position of the charge holder, shareholders or creditors of the company; 2. no prejudice would be caused to the charge holder(s) ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....y the registrar of companies through electronic mode and on the basis of statement of correctness given by the filing company Form No. CHG-5 Memorandum of satisfaction of charge Section 82/83 of the Companies Act 2013 and sub-rule (2) of rule 8 of the Companies (Registration of Charges) Rules, 2014 1 (a) Corporate identity number (CIN) or foreign company registration number (FCRN) of the company: (b) GLN 2 (a) Name of the company: (b) Charge Identification Number: This is to certify that pursuant to the provisions contained in Chapter VI of the Companies Act 2013, the above charge for Rs. _only has been satisfied in full on day of accordance with the provisions contained in that behalf in Chapter VI of the said Act. two thousand in Given under my hand and seal at (place), this day of two thousand Registrar of Companies [भा[भाग II-खण्ड 3 (i)] भारत का राजपत्र : असाधारण FORM NO. CHG.6 [Pursuant to section 84(1) and pursuant to Section 384 of the Companies Act, 2....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tion I declare that whatever stated above is true correct and complete and nothing material has been suppressed including the attachments to this form.I am duly authorised to sign this form. To be digitally signed by DSC Box Person appointing receiver or manager PAN To be digitally signed by Receiver or manager PAN DSC Box Note:Attention is also drawn to provisions of Section 447, section 448 and 449 of the Companies Act, 2013 which provide for punishment for fraud, punishment for false statement and punishment for false evidence respectively Modify For office use only: Check Form eForm Service request number (SRN) This e-Form is hereby registered Prescrutiny Affix filing details eForm filing date Digital signature of the authorising officer Confirm submission Date of signing (DD/MM/YYYY) Submit (DD/MM/YYYY) [भा[भाग II-खण्ड 3 (i)] भारत का राजपत्र : असाधारण Form No. CHG-7 Register of charges [Pursuant to section 85 sub-rule (1) of rule 10 of ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....elevant form O Form CHG.1 O Form CHG.4 O Form CHG.9 6. Charge identification number(ID) 7. (a)*Date of creation/modification/satisfaction of charge entered in the relevant form (b) *Amount of charge created/modified/satisfied (c) *Name(s) of the charge holder(s) (d)*Particulars of the property or asset(s) charged (including complete address and location of the property) 8. *Reasons for delay/omission/misstatement in filing 9. *Details of omission/misstatement and the relief required भारत का राजपत्र : असाधारण 41 [भा[भाग II-खण्ड 3 (i)] Attachment(s) List of attachments 1. *Instrument creating/modifying/satisfying the charge; 2. Letter of authorisation (in case of Authorised Representative of a foreign company); 3. Copy of resolution of the Board authorising the filing Attachment Attachment Attachment of the application and appointing the authorized representative, if any; 4. Affidavit; Attachment 5. Confirmation from the Charge-holder; Attachment 6. Balance ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....bove are concisely and correctly stated. To be digitally signed by DSC Box 42 Charge Holder ΡΑΝ THE GAZETTE OF INDIA: EXTRAORDINARY [PART II-SEC. 3(i)] To be digitally signed by DSC Box ARC or assignee PAN To be digitally signed by Designation PAN DSC Box Note: Attention is also drawn to provisions of Section 447, Sections 448 and 449 of the Companies Act, 2013 which provide for punishment for fraud, punishment for false statement and punishment for false evidence respectively Modify Check Form Prescrutiny For office use only: Affix filing details eForm Service request number (SRN) eForm filing date Digital signature of the authorising officer This e-Form is hereby approved This e-Form is hereby rejected Date of signing FORM NO. CHG.9 [Pursuant to sections 71(3), 77, 78 & 79 and pursuant to Section 384 read with 71(3), 77,78 and 79 of The Companies Act, 2013 and Rule 3of The Companies (Registration of charges) Rules, 2014] Confirm Submission (DD/MM/YYYY) सत्यमेव जयते Submit (DD/MM/YYYY) Appli....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... if applicable *Name Address *Line I Line II *City *State *Country *Pin code *ISO country code Get List of Charge holders 44 *e-mail id THE GAZETTE OF INDIA: EXTRAORDINARY [PART II-SEC. 3(i)] 6.* Date of creation of charge (DD/MM/YYYY) 7. Whether the charge is for ☐ Entire series of debentures ☐ Any issue in a series of debentures 8. (a) Whether the series of debentures are registered with the Registrar of Companies (ROC) (b) If yes, (i) The total amount secured by the whole series (in Rs.) (ii) Date of registration of series 9. (a) *Date of present issue of series (b) *Amount of present issue of series (amount secured by the charge) (DD/MM/YYYY) (in Rs.) ○ Yes No (DD/MM/YYYY) (In case of modification of charge, enter the amount secured by the charge after such modification) (c) Amount secured by the charge in words 10. * Date of resolution authorising the issue of the series 11.(a) *Description of the property charged indicating whether it is a charge on ☐ Uncalled share capital ☐ Movable property (not being pledge) ☐ Any property for securing the ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....anies Act, 2013 and the rules made thereunder in respect of the subject matter of this form and matters incidental thereto have been complied with. I also declare that all the information given herein above is true, correct and complete and as per the attached charge instrument(s) or document(s) and nothing material has been suppressed. A copy of the attached charge instrument(s) or document(s) is/ are available at the registered office or principal place of business in India of the company. ☐ I further declare that: (a) the delay in filing the particulars of creation/modification, was accidental or due to inadvertence or some other sufficient cause and are or is not of a nature to prejudice the position of the charge holder, shareholders or creditors of the company; 45 46 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II-SEC. 3(i)] (b) no prejudice would be caused to the charge holder(s) or any other creditor(s) of the company, if the delay is condoned; (c) the company has not created or modified any other charge(s) whatsoever on the assets of the company, since the creation/modification of the present charge, for which the app....