Form 8_creation of charge

This query is : Open

Querist : Anonymous

Querist : Anonymous (Querist)

27 September 2013 Dear all,

The date of execution of Indenture is 27.06.2013.
The date of registration of Indenture is 25.09.2013.

Kindly confirm which date is correct for filing Form 8 (30 days to be calculated from when) as per company law provisions.

Ajay Mishra

Ajay Mishra (Expert)
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27 September 2013 The Charge should be filed with in 30 days from the creation/execution of charge and not from registration. So, it will be 27.06.2013.

Querist : Anonymous

Querist : Anonymous (Querist)

27 September 2013 Thanks for your prompt reply Sir.

The case is that one Company has filed it on 19.09.2013 and now how this can be rectified??

Form is filed after 19.09.2013 keeping in mind 30 days from the date of registration.

What is the solution in this case??

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Ajay Mishra

Ajay Mishra (Expert)
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27 September 2013 Hi

You can file Form-8 regarding modification of charge.

Querist : Anonymous

Querist : Anonymous (Querist)

27 September 2013 But wont it go under condonation of delay because of non-filing at proper time