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Registration of Charges

Registration of Charges. Presentation By CA Anil Sharma. Registration of charges. Chapter VI Sections 77 to 87 The Companies ( Registration of Charges ) Rules, 2014. All sections are effective from 1.4.2014 except section 86 which was effective from 12.9.2013. Corresponding to:

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Registration of Charges

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  1. Registration of Charges Presentation By CA Anil Sharma

  2. Registration of charges • Chapter VI • Sections 77 to 87 • The Companies (Registration of Charges) Rules, 2014. • All sections are effective from 1.4.2014 except section 86 which was effective from 12.9.2013. Corresponding to: • Part V • Sections 124 to 145 of the CA, 1956.

  3. Duty to Register charges • Section 77- company is required to register with ROC every charge created by it on its assets/undertaking. • Section 125 of the CA, 1956 ( read with section 134) required only specified charges to be registered. • Registration of pledge of movable property would also be required to be registered now.

  4. Punishment for contravention relating to registration of charges • Section 86- any contravention by the co shall be punishable with fine which shall not be less than Rs. 1 Lakh but which may extend to Rs. 10 Lakhs and every office who is in default shall be punishable with imprisonment which may extend to six months or with fine which shall not be less than Rs. 25,000/- but may extend to Rs. One Lakh or with both. • Section 142 of CA, 1956 prescribed only fine which might be extended to Rs.5000 per day for continuing default and Rs. 10,000/- fine for the company and officer who is in default.

  5. The Companies (Registration of Charges) Rules, 2014 • For registration of charge ,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) with in 30 days. • If the particulars of a charge are not filed within 30 days, but filed within a period of 300 days of the date of such creation or modification, the additional fee shall be levied and another Form no. CHG-10 for Condonation of Delay shall be filed supported by a declaration signed by its secretary or director that such belated filing shall not adversely affect rights of any other intervening creditors of the company.

  6. The Companies (Registration of Charges) Rules, 2014 • Satisfaction of charge-within a period of thirty days from the date of the payment or satisfaction in full of any charge registered under Chapter VI, in Form No.CHG-4.

  7. The Companies (Registration of Charges) Rules, 2014 • Where the instrument creating or modifying a charge is not filed within a period of three hundred days from the date of its creation or modification and • where the satisfaction of the charge is not filed within thirty days from the date on which such payment of satisfaction, • the Registrar shall not register the same unless the delay is condoned by the Central Governmenton application to be made in Form CHG-8 .

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