1. If a company has not filed E-form-8 in respect of modification of charges then whether it can file e-form 8 for modification of charges in respect of modification made after the above said modification. (Suppose first modification has taken place on 01.06.09 and second modification has taken place on 10.05.2010 so can we file e-form8 in respect of modification taken place on 10.05.2010 without filling e-form-8 for modification on 01.06.09)
please reply ASAP and qoute the relevant sections, rules or judgement etc.
26 November 2011
I understand your query very well. There is no question like can we file….obviously we can file bcoz ROC is not aware about the first modification. On filing form 8 now your second modification will be treated as first modification as far as ROC is concerned.
Now it is up to you whether you want to repair the things by filing CLB petition and get condonation for not filing form 8 for first modification or want to file form 8 for second modification.
26 November 2011
Mr. Richank id ryt. i advise you rectify your previous default. Because in future u have to go for Due Diligence of the Company.Then it would be taken as a default.
26 November 2011
I also second the opinion of expert.
Without correction your register of charges will remain defective. This mistake will tease you badly later on. So as per my suggestion follow the long route and get everything rectified now.
i think filling petitio to CLB is cumbersome process and we should go with filling of E-form-8.
I also want to know that what should i do in the following case:
in point 6(a) of form-8 i.e. type of charge what should i select when there is charge through hypothecation of all present or future goods products etc including plant and machinery and one of the director given guarantee by mortgage deed in respect of immoveable property in her name.
CAclubindia
