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Companies (Registration of Charges) Amendment Rules, 2019

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.... as specified in section 77 on payment of additional fee or advalorem fee as prescribed in the Companies (Registration Offices and Fees) Rules, 2014. (3)  Where the company fails to register the charge in accordance with sub-rule  (1) and the registration is effected on the application of the charge-holder, such charge-holder shall be entitled to recover from the company the amount of any fees or additional fees or advalorem fees paid by him to the Registrar for the purpose of registration of charge.". 3. In the said rules, for rule 4, the following rules shall be substituted, namely:- "4. Application to Registrar.- (1) For the purposes of the first proviso and clause (b) of the second proviso to sub-section (1) of section 77, the Registrar may, on being satisfied that the company had sufficient cause for not filing the particulars and instrument of charge, if any, within a period of thirty days of the date of creation of the charge including modification thereto, allow the registration of the same after thirty days but within the period as specified in the said provisos, on payment of fee, additional fee or advalorem fee, as may be applicable, as prescribed in the C....

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....pany Pre-fill (c) email id of the company 3. (a) This form is for registration of 4. Ò–‘ Creation of charge Modification of charge (b) Charge ID of the charge to be modified *Whether the applicant is The company The charge holder 5. (a) *Date of the instrument creating or modifying the charge (b) *Nature, description and brief particulars of the instrument(s) creating or modifying the charge (c) *Whether charge is created or modified outside India Yes Ò–‘ No 6. (a) Whether charge is modified in favour of asset reconstruction company (ARC) or assignee Ò–‘ Yes Ò–‘ No (b) Whether charge holder is authorised to assign the charge as per the charge agreement Yes No 7. Type of charge *(a) A charge on Uncalled share capital Calls made but not paid Immovable property or any interest therein Movable property Any property for securing the issue of secured deposits Licence under a patent Goodwill Trade mark Floating charge Motor Vehicle (Hypothecation) Patent Copyright Book debts Ship or any share in a ship Solely of Property situated Others (b) If others, specify 8. (a) Whether consortium finance is involved o Yes o No If yes, enter Lead Ba....

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....ity interest Creation date Survey No. /Gat No. etc. * Street Number & Name Sector/Block Number Locality Landmark Village/Town Name Taluka MCA 21 District State Page 3 of 7 Pin Code *Latitude *Longitude Area of plot (Sq. feet, Sq. meter, Acre, Gunta, Cents, Hectares) Evaluated Price of Asset as on Security interest Creation date Nature of Property PLOT ID Number Survey No./Gat No.* Dwelling Unit ID Number Floor No. Building Name & Society Name Street Name / No. Sector/Block Number Locality Landmark Taluka *Latitude District State Village/Town Name Pin Code *Longitude Area of dwelling (Sq. feet, Sq. Meter) Bounded by By North By South By East By West *Survey number, GAT number, Khesra number; khweta number, Mouza number, Phase number or any other such similar representation in various states or union territories can be captured in this field. (All the fields should be captured as appearing in the revenue record, flat no, house no, Municipal Office/Municipal Corporation/ Grampanchayat are to be specified and also the area of the immovable property as well as boundaries) 14. Description of document by which the borrower/third party ac....

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....iling 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 Director or manager or secretary or CEO or CFO (In case of an Indian company) DSC Box or an authorised representative (In case of a foreign company) Designation DIN of the director; PAN of the manager or CEO or CFO or representative; or membership number of company secretary authorised Declaration I/we confirm that the attached charge instrument(s) or document(s) is/are true copies of the original which is/are available with the charge holder and/or assignee and all the information and particulars mentioned above are derived there from are concisely and correctly stated. I/we am/are duly authorised to sign this form. I/we am/are a multilateral/International financial institution who has/have been exempted from payment of MCA 21 Page 5 of 7 income tax in India under the UN Privileges and Imm....

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....orate 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 Application to Central Government for extension of time for filing particulars of registration of satisfaction of charge OR for rectification of omission or misstatement of any particular in respect of creation/ modification/ satisfaction of charge (b) Address of the registered office or principal place of business in India of the company Pro-Fill (c) email ID of the company *This form is for condonation of Delay in registration of Satisfaction of Charge Omission or misstatement of any particular in respect of Creation of Charge Modification of Charge Satisfaction of Charge 4. *The application is made by Ò–‘ Company Any other interested person 5. *SRN of relevant 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 ....

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.... of the manager or CEO or CFO or or authorised representative; or Membership number of the company secretary Declaration (if applicant is any person other than the company) I confirm that the delay in filing the particulars of creation/modification/satisfaction or omission or misstatement, 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 and all the information and particulars mentioned above are concisely and correctly stated. MCA 21 Page 2 of 4 To be digitally signed by DSC Charge Holder PAN To be digitally signed by ARC or assignee PAN To be digitally signed by Designation DSC DSC PAN 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 MCA 21 Page 3 of 4 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 3 of The Companies (Registration of Cha....

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....ount 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.) (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 Calls made but not paid Movable property Any property for securing the issue of secured deposits Licence under a patent Floating charge Goodwill Trade mark (DD/MM/YYYY) Immovable property or any interest therein Motor Vehicle (Hypothecation) Patent MCA 21 Book debts Others Ship or any share in a ship Copyright Solely of Property situated outside India Page 2 of 8 (b) If others, specify (c) *Particulars of the property charged (including location of the property) o Plot Unit o Dwelling Interest Evaluated Price of Asset as on Security interest Creation date Nature of Property Plot ID number Survey number/Gate number etc.* ....

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....o (b) Date of instrument modifying the charge (DD/MM/YYYY) MCA 21 Page 4 of 8 16. *Particulars of the present modification (Please ensure that correct particulars are entered as the same shall be displayed in the certificate of modification of charge) 17. Description of the document by which the company acquired the title Number of title documents deposited by customer I Document type Document Number Sub-registrar Taluka District State Country code Pin Code Attachment(s) List of attachments Attachment (1) (2) Copy of resolution authorising the issue of debenture series; *Instrument(s) of creation or modification of charge; Attachment (3) (4) Order of the Central Government for rectification of charge; Optional attachments, if any Attachment Attachment Remove attachment Declaration dated* I am authorized by the Board of Directors of the Company vide resolution number * 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, ....