modification of charge

Others 924 views 6 replies

Mayuri Lal

officer CS

748 Points Joined September 2010

Dear memmbers,

Acharge originally created has been modified twice i.e on 29.12.2010 for Equitable Mortgage and on 31.12.2010 for deed of hypothecation. and the form is related to NCD thereforre Form 10 will be filed.

Since there two modifications and is to be filed within 30 days, soo does it require 2 form 8 for 29.12.2010 and 31.2010 or single form 10 is sufficient. bkoz we are filing form 10 for modification within 30 days soooo two forms will be filed for the above two dates.

Can anyone tell me the provision regarding teh same

Regards,

Mayuri Lal

Replies (6)

Jayashree S Iyer

Company Secretary

3224 Points Joined August 2009

To my knowledge one form is sufficient.

Charu

nil

122 Points Joined December 2010

Hi,

You can file only one Form 8 mentioning therein the modifications effected on two diffrent occassions. One form will be sufficient.

CS Ankur Srivastava

Company Secretary & Compliance Officer

17858 Points Joined November 2008

iN MY OPIINIION THERE SHOULD BE SEPERATE FILING FOR BOTH MODIFICATIONS.

Because the limits changed and then changed from the changed limits. So both changes required to be registered.

cs ashwini kumar

Company Secretary in Practice

173 Points Joined January 2011

Pursuant to provisions of Section 135 of the Companies Act, 1956, whenever the terms or conditions, or the extent or operation, of any charge registered under this Part are or is modified, it shall be the duty of the company to send to the Registrar the particulars of such modification, and the provisions of this Part as to registration of a charge shall apply to such modification of the charge. Accordingly, you shall have to file two seperate e-forms- 8 (one after another on FIFO method) for modification. Further, for each filing of e-Form 8, the ROC issue a certificate of modification such charge.

Regards

CS Ashwini Kumar