29 January 2010
abc ltd realised on 2 nd may 2001 that particulars of charge created on 12 th march 2001 in favour of a bank were not filed with the roc for regn.What procedure should the company follow 2 get the charge registered with the roc.would the procedure be different if the charge was created on 12 th feb instead of 12 th march 2001?
explain with reference to the relevant provisions of the companies act
02 February 2010
For delay in filing form 8 for charge creation, one need to approach the Company Law Board seeking condonation of delay under section 141 of the Companies Act 1956. Steps involved would be:
1. Prepare and file form 8 through MCA portal (www.mca.gov.in/MCA21/index.html)
2. Prepare (with reasons for delay) and file a petition with the Company Law Board, within whose jurisdiction the registered office of the company is situated.
3. Company Law Board would pass order (normally without hearing) and would impose some monetary penalty.
4. Pay penalty from MCA portal or general challan from MCA portal and pay the same in one of the designated banks.
5. File order of the Company Law Board through MCA portal in e-form 21
Concern Registrar of Companies would then approve the uploaded form 8 and allot Charge ID.
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