Creation of charge
This query is : Resolved
11 September 2013
DEAR SIR/MADAM
I M TRAINEE IN CS FIRM & I HAVE TO DO WORK RELATED CHARGE.WHAT ARE THE REQUIREMENT & PROCEDURE FOR CREATION OF CHARGE.
I M TRAINEE IN CS FIRM & I HAVE TO DO WORK RELATED CHARGE.WHAT ARE THE REQUIREMENT & PROCEDURE FOR CREATION OF CHARGE.
11 September 2013
Sections 124 to 145 of the Companies Act, 1956 deal with registration of charges by companies. The subject can be conveniently divided in five topics :-
Ø Filing of particulars of charge created.
Ø Filing of particulars of modification of charge.
Ø Filing of particulars of series of debentures.
Ø Filing of particulars of satisfaction of charge.
Ø Condonation of delay in filing of particulars of charges created / modified / satisfied.
CREATION OF CHARGE (Section 125)
If a charge created by the company falls within any of the classes as specified in section 125 (4), its particulars shall be filed with the Registrar of Companies Act, 1956 within 30 days of creation of charge.
If particulars of charge could not be filed within 30 days, the ROC has power to extend the said period by 30 more days subject to payment of additional filing fee by the Company.
Particulars of creation of charge shall be filed in Form No. 8 & 13, in 3 sets, alongwith all the papers / instruments relating to creation of charge. Form No. 8 includes the following details :
· Description of instrument creating the charge
· Amount secured
· Property charged
· Terms & conditions of charge
· Name & address of person entitled to charge
Registrar of Companies (ROC) will verify the particulars filed under Form No. 8 & 13 and thereafter shall register charge which is conclusive evidence of compliance with the requirements as to registration of the charge. ROC shall deliver 2 sets duly registered under seal and signature, one for lender and second for borrower.
Sections 124 to 145 of the Companies Act, 1956 deal with registration of charges by companies. The subject can be conveniently divided in five topics :-
Ø Filing of particulars of charge created.
Ø Filing of particulars of modification of charge.
Ø Filing of particulars of series of debentures.
Ø Filing of particulars of satisfaction of charge.
Ø Condonation of delay in filing of particulars of charges created / modified / satisfied.
CREATION OF CHARGE (Section 125)
If a charge created by the company falls within any of the classes as specified in section 125 (4), its particulars shall be filed with the Registrar of Companies Act, 1956 within 30 days of creation of charge.
If particulars of charge could not be filed within 30 days, the ROC has power to extend the said period by 30 more days subject to payment of additional filing fee by the Company.
Particulars of creation of charge shall be filed in Form No. 8 & 13, in 3 sets, alongwith all the papers / instruments relating to creation of charge. Form No. 8 includes the following details :
· Description of instrument creating the charge
· Amount secured
· Property charged
· Terms & conditions of charge
· Name & address of person entitled to charge
Registrar of Companies (ROC) will verify the particulars filed under Form No. 8 & 13 and thereafter shall register charge which is conclusive evidence of compliance with the requirements as to registration of the charge. ROC shall deliver 2 sets duly registered under seal and signature, one for lender and second for borrower.
11 September 2013
MODIFICATION OF CHARGE (Section 135)
Any change in terms / conditions / extent of operation of any charge already registered tantamount to modification under Companies Act, 1956, such as : -
· Change in rate of interest (other than bank rate), repayment period or any other material term of loan.
· Further charge for the same loan by way of additional security.
· Increase in limit.
· Change in nature of security in respect of charge already created.
Again Form No. 8 & 13, in 3 sets, are required to be filed with ROC within 30 days ( within 60 days with additional fee ). The said forms will include the instrument modifying the original charge.
ROC will register the same under seal and signature and will deliver 2 sets of modifications, one for lender and second for borrower.
SATISFACTION OF CHARGE (Section 138)
On satisfaction of charge in full an intimation thereof shall be given to ROC within 30 days of satisfaction of the charge by filing Form No. 17 & 13 together with a letter or certificate given by the charge holder confirming that the charge has been satisfied in full.
ROC will register Form No. 17 & 13 regarding satisfaction of charge and will deliver 2 sets of satisfaction, one for lender and second for borrower. Please note that in this case no grace period is allowed under the Companies Act, 1956 unlike creation and modification.
MODIFICATION OF CHARGE (Section 135)
Any change in terms / conditions / extent of operation of any charge already registered tantamount to modification under Companies Act, 1956, such as : -
· Change in rate of interest (other than bank rate), repayment period or any other material term of loan.
· Further charge for the same loan by way of additional security.
· Increase in limit.
· Change in nature of security in respect of charge already created.
Again Form No. 8 & 13, in 3 sets, are required to be filed with ROC within 30 days ( within 60 days with additional fee ). The said forms will include the instrument modifying the original charge.
ROC will register the same under seal and signature and will deliver 2 sets of modifications, one for lender and second for borrower.
SATISFACTION OF CHARGE (Section 138)
On satisfaction of charge in full an intimation thereof shall be given to ROC within 30 days of satisfaction of the charge by filing Form No. 17 & 13 together with a letter or certificate given by the charge holder confirming that the charge has been satisfied in full.
ROC will register Form No. 17 & 13 regarding satisfaction of charge and will deliver 2 sets of satisfaction, one for lender and second for borrower. Please note that in this case no grace period is allowed under the Companies Act, 1956 unlike creation and modification.
11 September 2013
PENALTY FOR CONTRAVENTION (Section 142)
If default is made in filing of any charge created by the company or of the payment or satisfaction of a debt in respect of which a charge has been registered or of the issues of debentures of a series, requiring registration then, unless the registration has been effected on the application of some other person, the company, and every officer of the company or other person who is in default shall be punishable with fine which may extend to Rs.5000/- for every day during which the default continues.
In case of default in compliance of any of the other requirements of this act, the company, and every officer of the company who is in default, shall, without prejudice to any other liability, be punishable with fine which may extend to Rs.10000/-.
PENALTY FOR CONTRAVENTION (Section 142)
If default is made in filing of any charge created by the company or of the payment or satisfaction of a debt in respect of which a charge has been registered or of the issues of debentures of a series, requiring registration then, unless the registration has been effected on the application of some other person, the company, and every officer of the company or other person who is in default shall be punishable with fine which may extend to Rs.5000/- for every day during which the default continues.
In case of default in compliance of any of the other requirements of this act, the company, and every officer of the company who is in default, shall, without prejudice to any other liability, be punishable with fine which may extend to Rs.10000/-.
11 September 2013
ENTRIES IN THE REGISTER OF CHARGES (Section 143)
Every company shall keep register of charges and enter therein all charges specifically affecting property of the company, giving the details of :
Ø Date of charge
Ø Property charged
Ø Amount of charge
Ø Charge holder
In case of default in compliance with the said section, any officer who knowingly omits or wilfully authorises or permits the omission, shall be punishable with fine which may extend to Rs.5000/-.
ENTRIES IN THE REGISTER OF CHARGES (Section 143)
Every company shall keep register of charges and enter therein all charges specifically affecting property of the company, giving the details of :
Ø Date of charge
Ø Property charged
Ø Amount of charge
Ø Charge holder
In case of default in compliance with the said section, any officer who knowingly omits or wilfully authorises or permits the omission, shall be punishable with fine which may extend to Rs.5000/-.
11 September 2013
Hope the above details will help you.
06 December 2013
How much time ROC will take in delivering Certificate of Charges?
And by which mode they deliver it.
online by way of mail or any other way?
And by which mode they deliver it.
online by way of mail or any other way?
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