Charge Creation
This query is : Resolved
25 January 2011
Dear Expert,
How to file petition. Is there any format and what is the fee?
How to file petition. Is there any format and what is the fee?
25 January 2011
Hi..
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.
God Bless
CS Udit Sharma
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.
God Bless
CS Udit Sharma
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.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Is this income indian or foreign income?
- 15ca /15cb whose income tax login? remitter or nri seller's login?
- ITC temporary reversal and reclaim
- RCM applicability on Rent Paid by Registered Person to Unregistered Landlord for Residental Building
- Regarding Documentation & Compliances for Opening of Unit of Pvt Ltd.
- GST on export of services and Input Credit
- TDS U/S. 194NF
- Applicable TDS rate for sale of property in Nov 2024
- GST ON EXPORT COMMISSION
- Import license renewal
- LAST YEAR 2022-23 ITC IN NEXT YEAR 2023-24 REPORITNG IN GSTR-9
- MIS MATCH OF INVOICE NUMBER
- IGST Credit-Show cause notice issued-confusion
- Issue of gst e invoice
- How to adjusted advances given or receipt
- Foreign vendor without PAN unable to to register due to non receipt of OTP on foreign number ?
- 133(6) DIN INVALID format error - ->WHERE TO REPLY 133(6) notice?
- Query for dubts
- Regarding einvoice taken on nil rated sales
- Strategical investment in Public listed company
Trending Online Classes
CAclubindia
