As per section 125 of the Companies Act, 1956 particulars of the charge created together with the copy of the instrument creating the charge has to be furnished in prescribed Form 8 to the ROC within 30 days from the date of creation of chargei.e. the date of execution of documents. ROC has the power to condone the delay for a further period of 30 days on payment of additional filing fees.
Aby further delay can be condoned only by Company Law Board. Hence, a petition u/s 141 of the Companies Act, 1956 has to be filed before the Regional bench of the Company Law Board.
Once a certified true copy of the CLB Order has been filed with ROC in form 21, only then u can upload Form 8.
25 January 2011
As clarified by Udit, you have to make a petition to CLB for condonation of delay u/s.141. On getting CLB orders condoning the delay, file the same with ROC in Form 21 and then file Form 8.
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