sanjay (FCA) (322 Points)
30 December 2010hi,
we have filed form 8 after 82 days of sanction letter by bank , is it necessary to file petition with CLB for condonation of delay .
general circular no. 13/2007 says that roc can condone delay upto 300 days but response from mca site after filing form 8 is to file form 21 .
can anybody suggest me the easy way out as per law.
regards,
CA SANJAY KUMAR
Mohammed
(CS, Mcom, LLB)
(857 Points)
Replied 30 December 2010
Correct me if i am wrong
Charu
(nil)
(122 Points)
Replied 30 December 2010
Hi,
It is the date of execution of document creating the charge which is taken into account for filing Form 8 with ROC. Mere issue of Sanction letter by the Bank does not amount to event creating the charge. So please check the date of documentation, if it is later than the date of issue of sanction letter by the Bank, and calculate 60 days(30 days with normal fee and other 30 days with additional fee)thereafter.
Further, the refered circular No. 13/2007 has since been withdrawn. Hence, in case of delay for more than 60 days, you have to file an appeal before CLB for condonation of delay u/s 141 of the Companies Act 1956.
Views of other learned members are soliciated.
Jaideep
(Service)
(1368 Points)
Replied 30 December 2010
Completely agree with Charu...
You need to upload for Form 21with CLB Oredr as an attachement.
Regards
Syam kamal
(Company Secretary)
(156 Points)
Replied 30 December 2010
khusboo
(Company Secretary)
(90 Points)
Replied 29 April 2011
What will be the due date for filling form 21 in condonation of Delay.
S C MEHRA
(PARTNER)
(21 Points)
Replied 20 August 2012
frds can anyone tell me
There is case where a company took a loan from bank on 20/09/2011 with bank and didn't file form-8 till the date.
As per the section 141 if company didn't file form-8 with in 60 days of creation of charge than after 60 days that company have to apply CLB.
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 20 August 2012
| Originally posted by : Charu | ||
 |
Hi, It is the date of execution of document creating the charge which is taken into account for filing Form 8 with ROC. Mere issue of Sanction letter by the Bank does not amount to event creating the charge. So please check the date of documentation, if it is later than the date of issue of sanction letter by the Bank, and calculate 60 days(30 days with normal fee and other 30 days with additional fee)thereafter. Further, the refered circular No. 13/2007 has since been withdrawn. Hence, in case of delay for more than 60 days, you have to file an appeal before CLB for condonation of delay u/s 141 of the Companies Act 1956. Views of other learned members are soliciated. |
|
Fully agree with Ms. Charu.......
CAclubindia
