Filling of Charge with ROC
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
22 June 2010
What is time limit to for filling of charge with ROC and supose that a company which gets loan from bank and not filled charge with ROC up to 3 months from the date of geeting loan then what consequence hapeen & what remmady available to the company.
ITS urgent.
Thanking You.
ITS urgent.
Thanking You.
22 June 2010
127. Registration of charges on properties acquired subject to charge.
(1) Where a company acquires any property which is subject to a charge of any such kind as would, if it had been created by the company after the acquisition of the property, have been required to be registered under this Part, the company shall cause the prescribed particulars of the charge, together with a copy (certified in the prescribed manner to be a correct copy) of the instrument, if any, by which the charge was created or is evidenced, to be delivered to the Registrar for registration in the manner required by this Act within thirty days after the date on which the acquisition is completed:
Provided that, if she property is situate, and the charge was created, outside India, thirty days after the date on which a copy of the instrument could, in due course of post and if despatched with due diligence, have been received in India shall be substituted for thirty days after the completion of the acquisition as the time within which the particulars and the copy of the instrument are to be delivered to the Registrar.
(2) If default is made in complying with sub-section (1), the company, and every officer of the company who is in default, shall be punishable with fine which may extend to five thousand rupees.
(1) Where a company acquires any property which is subject to a charge of any such kind as would, if it had been created by the company after the acquisition of the property, have been required to be registered under this Part, the company shall cause the prescribed particulars of the charge, together with a copy (certified in the prescribed manner to be a correct copy) of the instrument, if any, by which the charge was created or is evidenced, to be delivered to the Registrar for registration in the manner required by this Act within thirty days after the date on which the acquisition is completed:
Provided that, if she property is situate, and the charge was created, outside India, thirty days after the date on which a copy of the instrument could, in due course of post and if despatched with due diligence, have been received in India shall be substituted for thirty days after the completion of the acquisition as the time within which the particulars and the copy of the instrument are to be delivered to the Registrar.
(2) If default is made in complying with sub-section (1), the company, and every officer of the company who is in default, shall be punishable with fine which may extend to five thousand rupees.
22 June 2010
Agreed with Mr Sanjay.
Time limit > 30 days from the date of agreement of laon.
Penalty > May be punishable with fine upto Rs.5000.
Remedy > File the charge immediately with reasons, and in case of genuine reasons, the penalty can be reduced by the registrar.
Time limit > 30 days from the date of agreement of laon.
Penalty > May be punishable with fine upto Rs.5000.
Remedy > File the charge immediately with reasons, and in case of genuine reasons, the penalty can be reduced by the registrar.
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