The Companies (Registration of Charges) Rules, 2014
Published vide Notification No. G.S.R. 248(E), dated 31st March, 2014
act2346
Ministry of Corporate Affairs
G.S.R. 248(E). - In exercise of the powers conferred under Sections 77, 78, 79, 81, 82, 83, 84, 85, 87 read with Section 469 of the Companies Act, 2013 (18 of 2013) and in supersession of the Companies (Central Government's) General Rules and Forms, 1956 or any other relevant rules prescribed under the Companies Act, 1956 (1 of 1956) on matters covered under these rules, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely:-
- Short title and commencement.- (1) These rules may be called the Companies (Registration of Charges) Rules, 2014.
(2) They shall come into force on the 1st day of April, 2014.
- Definitions.- (1) In these rules, unless the context otherwise requires,-
(a) "Act" means the Companies Act, 2013 (18 of 2013);
(b) "Annexure" means the Annexure appended to these rules;
(c) "Fees" means the fees as specified in the Companies (Registration offices and fees) Rules, 2014;
(d) "Form" or "eforms" means form set forth in Annexure to these rules which shall be used for the matter to which it relates;
(e) "Regional Director" means the person appointed by the Central Government in the Ministry of Corporate Affairs as a Regional `Director;
(f) "section" means the section of the Act.
(2) Words and expressions used in these rules but not defined and defined in the Act or in Companies (Specification of definitions details) Rules, 2014 shall have the meanings respectively assigned to them in the Act and said rules.
- Registration of creation or modification of charge.- (1) For registration of charge as provided in subsection (1) of Section 77, Section 78 and Section 79, the particulars of the charge together with a copy of the instrument, if any, creating or modifying the charge inForm No.CHG-1(for other than Debentures) or Form No.CHG-9 (for debentures), as the case may be, duly signed by the company and the charge holder [shall be filed] with the Registrar within a period of thirty days of the date of creation or modification of charge along with the fee.
(2) If the particulars of a charge are not filed within the aforesaid period, but filed within a period of three hundred days of the date of such creation or modification, the additional fee shall be levied.
(3) If the company fails to register the particulars of the charge with the Registrar within the period of thirty days of its creation or modification, the particulars of the charge together with a copy of the instrument, if any, creating or modifying such charge may be filed by the charge-holder, in Form No.CHG-1 or Form No.CHG-9, as the case may be, duly signed along with fee.
(4) A copy of every instrument evidencing any creation or modification of charge and required to be filed with the Registrar in pursuance of Section 77, 78 or 79 shall be verified as follows-
(a) where the instrument or deed relates solely to the property situated outside India, the copy shall be verified by a certificate issued either under the seal of the company, or under the hand of any director or company secretary of the company or an authorized officer of the charge holder or under the hand of some person other than the company who is interested in the mortgage or charge;
(b) where the instrument or deed relates, whether wholly or partly, to the property situated in India, the copy shall be verified by a certificate issued under the hand of any director or company secretary of the company or an authorized officer of the charge holder.
- Condonation of delay by Registrar.- (1) The Registrar may, on being satisfied that the company had sufficient cause for not filing the particulars and instrument of charge, if any, within a period of thirty days of the date of creation of the charge, allow the registration of the same after thirty days but within a period of three hundred days of the date of such creation of charge or modification of charge on payment of additional fee.
(2) The application for delay shall be made in Form No.CHG-1 and supported by a declaration from the company signed by its secretary or director that such belated filing shall not adversely affect rights of any other intervening creditors of the company.
- Application of rules in certain matters.- The provisions of rule 4 shall apply, mutatis mutandis, to the registration of charge on any property acquired subject to such charge and modification of charge under Section 79 of the Act.
- Certificate of registration.- (1) Where a charge is registered with the Registrar under sub-section (1) of Section 77 or section 78, he shall issue a certificate of registration of such charge in Form No.CHG-2
(2) Where the particulars of modification of charge is registered under section 79, the Registrar shall issue a certificate of modification of charge in Form No. CHG-3
(3) The certificate issued by the Registrar under sub-rule (1) and sub-rule (2) shall be conclusive evidence that the requirements of Chapter VI of the Act and the rules made thereunder as to registration of creation or modification of charge, as the case may be, have been complied with.
- Register of charges to be kept by the Registrar.- (1) The particulars of charges maintained on the Ministry of Corporate Affairs portal (www.mca.gov.in/MCA21)shall be deemed to be the register of charges for the purposes of Section 81 of the Act.
(2) The register shall be open to inspection by any person on payment of fee.
- Satisfaction of charge.- [(1) A company or charge holdershall within a period of three hundred days from the date of the payment or satisfaction in full of any charge registered under Chapter VI, give intimation of the same to the Registrar in Form No. CHG-4 along with the fee.]
(2) Where the Registrar enters a memorandum of satisfaction of charge in full in pursuance of Section 82 or 83, he shall issue a certificate of registration of satisfaction of charge in Form No.CHG-5.
- Intimation of appointment of Receiver or Manager.- The notice of appointment or cessation of a receiver of, or of a person to manage, the property, subject to charge, of a company shall be filed with the Registrar in Form No. CHG.6along with fee.
- Company's register of charges.- (1) Every company shall keep at its registered office a register of charges in Form No. CHG.7and enter therein particulars of all the charges registered with the Registrar on any of the property, assets or undertaking of the company and the particulars of any property acquired subject to a charge as well as particulars of any modification of a charge and satisfaction of charge.
(2) The entries in the register of charges maintained by the company shall be made forthwith after the creation, modification or satisfaction of charge, as the case may be.
(3) Entries in the register shall be authenticated by a director or the secretary of the company or any other person authorized by the Board for the purpose.
(4) The register of charges shall be preserved permanently and the instrument creating a charge or modification thereon shall be preserved for a period of eight years from the date of satisfaction of charge by the company.
- Register open for inspection.- The register of charges and the instrument of charges kept by the company shall be open for inspection-
(a) by any member or creditor of the company without fees;
(b) by any other person on payment of fee.
- Condonation of delay and rectification of register of charges.- (1) Where the instrument creating or modifying a charge is not filed within a period of three hundred days from the date of its creation (including acquisition of a property subject to a charge) or modification and where the satisfaction of the charge is not filed[within a period of three hundred days]from the date on which such payment of satisfaction, the Registrar shall not register the same unless the delay is condoned by the Central Government.
(2) The application for condonation of delay and for such other matters covered in sub-clause (a),(b) and (c) of clause (i) of sub-section (1) of Section 87 of the Act shall be filed with the Central Government in Form No.CHG-8 along with the fee.
(3) The order passed by the Central Government under sub-section (1) of section 87 of the Act shall be required to be filed with the Registrar in Form No.INC.28 along with the fee as per the conditions stipulated in the said order.
| [Form No. CHG-1]
[Pursuant to sections 77,78 and 79 and pursuant to Section 384 read with 77,78 and 79 of the Companies Act, 2013 and Rule 3(1) of the Companies (Registration of Charges) Rules 2014] |
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Application for registration of creation, modification of charge (other than those related to debentures) including particulars of modification of charge by Asset Reconstruction Company in terms of Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI) |
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Form language English Hindi |
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Refer the instruction kit for filing the form. |
| 1. |
(a) |
*Corporate identity number (CIN) or foreign company registration number (FCRN) of the company |
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(b) |
Global location number (GLN) of company |
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| 2. |
(a) |
Name of the company |
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(b) |
Address of the registered office or principal place of business in India of the company |
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(c) |
email ID of the company |
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| 3. |
(a) |
* This form is for registration of |
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Creation of charge Modification of charge |
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(b) |
Charge ID of the charge to be modified |
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| 4. |
* Whether the applicant is The company The charge holder |
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| 5. |
Whether the form is being filed |
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(i) |
* Beyond 30 days but within 300 days from the date of creation or modification Yes No |
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(ii) |
If yes, give reasons for the delay and mention the duration of delay |
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(iii) |
Beyond 300 days Yes No |
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(if yes, an application will be required to be made to Central Government for extension of further time) |
| 6. |
(a) |
Whether charge is modified in favour of asset reconstruction company (ARC) or assignee Yes No |
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(b) |
Whether charge holder is authorized to assign the charge as per the charge agreement Yes No |
| 7. |
(a) |
* Date of the instrument creating or modifying the charge |
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(b) |
* Nature, description and brief particulars of the instrument(s) creating or modifying the charge |
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(c) |
* Whether charge is created or modified outside India Yes No |
| 8. |
Type of charge |
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* (a) A charge on |
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| Uncalled share capital |
Calls made but not paid |
Immovable property or any interest therein |
| Movable property |
Floating charge |
Motor Vehicle (Hypothecation) |
| Any property for securing the issue of secured deposits |
Goodwill |
Patent |
| Licence under a patent |
Trade mark |
Copyright |
| Book debts |
Ship or any share in a ship |
Solely of Property situated outside India |
| Others |
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| 9. |
(a) |
* Whether consortium finance is involved o Yes o No |
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If yes, enter Lead Banker's name |
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(b) |
* Whether joint charge is involved Yes No |
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(c) |
* Number of charge holder(s) |
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(d) |
Whether charges rank pari passu Yes No |
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Ranks of the charge holder(s) |
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(Note: Please attach a complete list of charge holders, details of their extent to the charge, particulars of property charged, amount secured etc.) |
| 10. |
Particulars of the charge holder (in case charge is modified in favour of ARC or assignee, enter the particulars of ARC or assignee) |
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Category |
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If others, specify |
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Name |
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In case of others, specify |
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* Whether charge holder is having a valid Income Tax PAN Yes No |
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Income tax-Permanent Account Number (PAN) |
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BSR Code/ Branch Code |
| 11. |
(a) |
*Amount secured by the charge (in Rs.) |
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(In case the amount is in foreign currency, rupee equivalent to be stated) |
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(In case of modification/ rectification of charge, enter the amount secured by the charge after such modification) |
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(b) |
Amount secured by the charge in words |
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(c) |
In case amount secured by the charge is in foreign currency, mention details |
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| 12. |
Brief particulars of the principal terms and conditions and extent and operation of the charge |
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| (a) |
Date of Creating Security Interest by actual/ constructive deposit of title deeds within bank/ housing finance company |
(DD/MM/YYYY) |
| (b) |
Borrower's customer/ account number |
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| (c) |
*Rate of interest |
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| (d) |
Repayment term (in months) |
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| (e) |
*Terms of Repayment |
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| (f) |
Nature of facility |
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| (g) |
Date of Disbursement |
(DD/MM/YYYY) |
| (h) |
Miscellaneous narrative information |
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| (i) |
*Margin |
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| (j) |
*Extent and operation of the charge |
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| (k) |
Others |
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| 13. |
In case of acquisition of property, subjected to charge, furnish the details relating to the existing charge on the property so acquired |
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(a) |
Date of instrument creating or evidencing the charge |
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(b) |
Description of the instrument creating or evidencing the charge |
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(c) |
Date of acquisition of the property |
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(d) |
Amount of the charge (in Rs.) |
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(e) |
Particulars of the property charged |
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| 14. |
* Short particulars of the property or asset(s) charged (including complete address and location of the property) |
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Plot Unit Dwelling Interest |
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| Evaluated Price of Asset as on Security interest Creation date |
Nature of Property |
Plot ID number |
Survey number/ Gate number etc.* |
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| Street Number and Name |
Sector/ Block Number |
Locality |
Landmark |
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| Village/Town |
Taluka |
District |
State |
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| Pin Code |
Latitude |
Longitude |
Area of plot (Square feet/ meter, Acre, Gunta, Cents, Hectares) |
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| Evaluated Price of Asset as on Security interest Creation date |
Nature of Property |
Plot ID number |
Survey number/Gate number* |
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| Dwelling Unit ID Number |
Floor number |
Building Name and Society Name |
Street number and name |
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| Sector/ Block Number |
Locality |
Landmark |
Village/Town Name |
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| Taluka |
District |
State |
Pin Code |
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| Latitude |
Longitude |
Area of dwelling (Square feet/ meter) |
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| By North |
By South |
By East |
By West |
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*Survey number, GAT number, Khesra number; khweta number, Mouza number, Phase number or any other such similar representation in various states or union territories can be captured in this field. |
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(All the fields should be captured as appearing in the revenue record, flat no, house no, Municipal Office/ Municipal Corporation/ Gram panchayat are to be specified and also the area of the immovable property as well as boundaries) |
| 15. |
Description of the document by which the company acquired the title |
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Number of title documents deposited by customer |
| I |
| Document type |
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| Document Number |
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| Sub-registrar |
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| Taluka |
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| District |
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| State |
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| Country code |
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| Pin Code |
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| 16. |
(a) |
*Whether any of the property or interest therein under reference is not registered in the name of the company Yes No |
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(b) |
If yes, name of the person in whose name it is registered |
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| 17. |
* Date of creation/ last modification prior to the present modification |
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| 18. |
Particulars of the present modification (please ensure that the correct particulars are entered as the same shall be displayed in the certificate of modification of charge) |
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| Attachments |
List of attachments |
| (1) |
*Instrument(s) of creation or modification of charge; |
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| (2) |
Instrument(s) evidencing creation or modification of charge in case of acquisition of property which is already subject to charge together with the instrument evidencing such acquisitions; |
| (3) |
Particulars of all joint charge holders; |
| (4) |
Optional attachments, if any |
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| Declaration |
| I am authorized by the Board of Directors of the Company vide resolution number * * dated to sign this form and declare that all the requirements of Companies Act, 2013 and the rules made thereunder in respect of the subject matter of this form and matters incidental thereto have been complied with. I also declare that all the information given herein above is true, correct and complete and as per the attached charge instrument(s) or document(s) and nothing material has been suppressed. A copy of the attached charge instrument(s) or document(s) is/ are available at the registered office or principal place of business in India of the company. |
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I further declare that: |
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(a) |
the delay in filing the particulars of creation/modification, was accidental or due to inadvertence or some other sufficient cause and are or is not of a nature to prejudice the position of the charge holder, shareholders or creditors of the company; |
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(b) |
no prejudice would be caused to the charge holder(s) or any other creditor(s) of the company, if the delay is condoned; |
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(c) |
the company has not created or modified any other charge(s) whatsoever on the assets of the company, since the creation/ modification of the present charge, for which the application for condonation of delay is being filed; |
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(d) |
the company is carrying on the business as on the date of filing this application and no proceedings to wind-up the company have commenced or are pending against the company; |
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(e) |
there is no litigation proceedings pending before any court of law for which condonation of delay is being filed; |
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(f) |
the company has not applied for striking off the name of the company from the register of Registrar of Companies |
| To be digitally signed by |
| Director or manager or secretary or CEO or CFO (In case of an Indian company) or an authorized representative (In case of a foreign company) |
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| Designation |
| DIN of the director; PAN of the manager or CEO or CFO or authorized representative; or membership number of company secretary |
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| Declaration |
| I/we confirm that the attached charge instrument(s) or document(s) is/ are true copies of the original which is/ are available with the charge holder and/or assignee and all the information and particulars mentioned above are derived there from are concisely and correctly stated. I/we am/are duly authorized to sign this form. |
| I/we am/ are a multilateral/ International financial institution who has/ have been exempted from payment of income tax in India under the UN Privileges and Immunities Act. |
| To be digitally signed by |
| Charge Holder |
| PAN of the charge holder |
| To be digitally signed by |
| ARC or assignee |
| PAN of the ARC or assignee |
| Certificate by practicing professional |
| I declare that I have been duly engaged for the purpose of certification of this form. It is hereby certified that I have gone through the provisions of the Companies Act, 2013 and rules thereunder for the subject matter of this form and matters incidental thereto and I have verified the above particulars (including attachment(s)) from the original/ certified records maintained by the Company/ applicant which is subject matter of this form and found them to be true, correct and complete and no information material to this form has been suppressed. I further certify that: |
| The said records have been properly prepared, signed by the required officers of the Company and maintained as per the relevant provisions of the Companies Act, 2013 and were found to be in order; |
| All the required attachments have been completely and legibly attached to this form. |
| To be digitally signed by |
| Chartered accountant (in whole-time practice); or |
| Cost accountant (in whole-time practice); or |
| Company secretary (in whole-time practice) |
| Whether associate or fellow Associate Fellow |
| Membership number Certificate of Practice number |
| Note : Attention is also drawn to provisions of Section 447, section 448 and 449 of the Companies Act, 2013 which provide for punishment for fraud, punishment for false statement and punishment for false evidence respectively. |
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| For office use only: |
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| eForm Service request no. (SRN) |
eForm filing date |
(DD/MM/YYYY) |
| Digital signature of the authorizing officer |
| This e-Form is hereby registered |
| Date of signing |
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(DD/MM/YYYY) |
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This eForm has been taken on file maintained by the registrar of companies through electronic mode and on the basis of statement of correctness given by the filling company |
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Form No. CHG-2
Certificate of registration of charge
[Pursuant to sections 77(1) and 78 of the Companies Act, 2013 and sub-rule (1) of 6 of the Companies (Registration of Charges) Rules, 2014]
Corporate identity number (CIN) or foreign company registration number of the company (FCRN) of the company:
GLN:
Name of the company:
Charge Identification No.:
This is to certify that pursuant to the provisions contained in Chapter VI of the Companies Act, 2013, the above mentioned charge dated the ________________ day of ________________ two thousand ________________, created by the above named company/ ........................, on behalf of the company in favour of ________________ to secure the amount of ________________ rupees has been registered and assigned a Charge Identification Number as mentioned above in the Register of Charges, in accordance with the provisions contained in that behalf in Chapter VI of the said Act.
Given under my hand and seal, at .......(place), this ________________ day of ________________ two thousand ________________.
Registrar of Companies
..........................................
Form No. CHG-3
Certificate of registration of modification of charge
[Pursuant to section 79(b) of the Companies Act 2013 and sub-rule (2) of rule 6 of the Companies (Registration of Charges) Rules, 2014
Corporate identity number (CIN) or foreign company registration number (FCRN) of the company:
Name of the company:
Charge Identification No.:
This is to certify that pursuant to the provisions contained in Chapter VI of the Companies Act 2013, the above charge dated the ....... Day of ......... 20... created in favour of ................ to secure the amount of Rs. ________________ has been modified in the following manner:
Brief particulars of the modification: (as appearing in Form No. 6.1 filed for modification of charge)
and the above modification has been registered and assigned a Charge Identification Number as mentioned above in the Register of Charges, in accordance with the provisions contained in that behalf in Chapter VI of the said Act.
Given under my hand at ....... (place), this ________________ day of ________________ two thousand ________________.
Registrar of Companies
..........................................
| [Form No. CHG-4] |
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Particulars for satisfaction of charge thereof |
| [Pursuant to section 82(1) of the Companies Act, 2013 and Rule 8(1) of the Companies (Registration of Charges) Rules, 2014] |
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Form language English Hindi |
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Refer the instruction kit for filing the form. |
| 1. |
(a) |
*Corporate identity number (CIN) or foreign company registration number (FCRN) of the company |
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(b) |
Global location number (GLN) of company |
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| 2. |
(a) |
Name of the company |
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(b) |
Address of the registered office or principal place of business in India of the company |
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(c) |
email ID of the company |
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| 4. |
(a) (i) |
* Whether the form is being filed beyond 30 days Yes No |
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If yes, give reasons for the delay and mention the duration of delay |
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(ii) |
* Whether the applicant is Company Charge holder |
| 5. |
* Whether charge is satisfied in favour of asset reconstruction company (ARC) or assignee Yes No |
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* Charge creation identification (ID) number |
| 6. |
(a) |
*Particulars of the charge holder or ARC or Assignee |
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* Name of charge-holder |
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In case of others, |
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CIN, if applicable |
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(b) |
Particulars of creation of original charge and subsequent modifications |
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(i) |
Charge creation date (DD/MM/YYYY) |
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(ii) |
Charge last modified date (DD/MM/YYYY) |
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(iii) |
*Final amount secured |
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(In case the amount is in foreign currency, rupee equivalent to be stated) (in Rs.) |
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(iv) |
Amount secured by the charge in words |
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(v) |
In case amount secured by the charge is in foreign currency, mention details |
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| 7. |
*Date of Satisfaction of charge in full |
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| Attachments |
List of attachments |
| 1. |
* Letter of the charge holder stating that the amount has been satisfied; |
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| 2. |
Optional attachment(s) - if any |
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| Declaration |
| I am authorized by the Board of Directors of the Company vide resolution number * dated * to sign this form and declare that all the requirements of Companies Act, 2013 and the rules made thereunder in respect of the subject matter of this form and matters incidental thereto have been complied with. I also declare that all the information given herein above is true, correct and complete and as per the attached charge instrument(s) or document(s) and nothing material has been suppressed. |
| I further declare that : |
| 1. |
the delay in filing the particulars of satisfaction, was accidental or due to inadvertence or some other sufficient cause and are or is not of a nature to prejudice the position of the charge holder, shareholders or creditors of the company; |
| 2. |
no prejudice would be caused to the charge holder(s) or any other creditor(s) of the company, if the delay is condoned; |
| 3. |
the company has not created or modified any other charge(s) whatsoever on the assets of the company, since the satisfaction of the present charge, for which the application for condonation of delay is being filed; |
| 4. |
the company is carrying on the business as on the date of filing this application and no proceedings to wind-up the company have commenced or are pending against the company; |
| 5. |
there is no litigation proceedings pending before any court of law for which condonation of delay is being filed; |
| 6. |
the company has not applied for striking off the name of the company from the register of Registrar of Companies |
| To be digitally signed by |
| Director or manager or company secretary or CEO or CFO (in case of an Indian company) |
| or an authorized representative (in case of a foreign company) |
| Designation |
| DIN of the director; or PAN of the manager or CEO or CFO or authorized representative; or Membership number of the company secretary |
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| Declaration |
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I/ we confirm that the attached charge instrument(s) or document(s) is/ are true copies of the original which is/ are available with the charge holder and/ or assignee and all the information and particulars mentioned above are derived there from are concisely and correctly stated. I/ we am/ are duly authorized to sign this form. |
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I/ we am/ are a multilateral/ International financial institution who has/ have been exempted from payment of income tax in India under the UN Privileges and Immunities Act. |
| * To be digitally signed by |
| Charge Holder (financial institution or bank or debenture holder etc.) |
| To be digitally signed by |
| ARC or assignee |
| PAN |
| Email ID |
| To be digitally signed by |
| PAN |
| Designation |
| Email ID |
| Certificate by practicing professional |
| I declare that I have been duly engaged for the purpose of certification of this form. It is hereby certified that I have gone through the provisions of the Companies Act, 2013 and rules thereunder for the subject matter of this form and matters incidental thereto and I have verified the above particulars (including attachment(s)) from the original/ certified records maintained by the Company/ applicant which is subject matter of this form and found them to be true, correct and complete and no information material to this form has been suppressed. I further certify that: |
| i. The said records have been properly prepared, signed by the required officers of the Company and maintained as per the relevant provisions of the Companies Act, 2013 and were found to be in order; |
| ii. All the required attachments have been completely and legibly attached to this form. |
| To be digitally signed by |
| Chartered accountant (in whole-time practice) or |
| Cost accountant (in whole-time practice) or |
| Company secretary (in whole-time practice) |
| Whether associate or fellow Associate Fellow |
| Membership number Certificate of Practise number |
| Note : Attention is also drawn to provisions of Section 447, section 448 and 449 of the Companies Act, 2013 which provide for punishment for fraud, punishment for false statement and punishment for false evidence respectively. |
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| For office use only: |
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| eForm Service request no. (SRN) |
eForm filing date |
(DD/MM/YYYY) |
| Digital signature of the authorizing officer |
| This e-Form is hereby registered |
| Date of signing |
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(DD/MM/YYYY) |
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Form No. CHG-5
Memorandum of satisfaction of charge
Section 82/83 of the Companies Act 2013 and sub-rule (2) of rule 8 of the Companies (Registration of Charges) Rules, 2014
- (a) Corporate identity number (CIN) or foreign company registration number (FCRN) of the company:
(b) GLN
- (a) Name of the company:
(b) Charge Identification Number:
This is to certify that pursuant to the provisions contained in Chapter VI of the Companies Act 2013, the above charge for Rs. _______only has been satisfied in full on ......... day of ......... two thousand ........... in accordance with the provisions contained in that behalf in Chapter VI of the said Act.
Given under my hand and seal at _____(place), this ________day of _________two thousand _____.
Registrar of Companies
___________________
| Form No. CHG. 6 |
|
Notice of appointment or cessation of receiver or manager |
| [Pursuant to section 84(1) and pursuant to Section 384 of the Companies Act, 2013 and Rule 9 of the Companies(Registration of charges) Rules 2014] |
|
Form language English Hindi |
|
Refer the instruction kit for filing the form. |
| 1. |
(a) |
*Corporate identity number (CIN) or foreign company registration number (FCRN) of the company |
|
|
|
(b) |
Global location number (GLN) of company |
|
| 2. |
(a) |
Name of the company |
|
|
(b) |
Address of the registered office or of the principal place of business in India of the company |
|
| 3. |
(a) |
*This notice is being filed by Person appointing receiver or manager Person appointed as receiver or manager |
|
(b) |
*Type of Notice Appointment Cessation |
| 4. |
Particulars of receiver or manager |
|
| (a) |
* Income-tax permanent account number (PAN) |
| (b) |
* Name |
|
| (c) |
* Address |
Line I |
|
|
|
Line II |
|
| (d) |
* City |
|
| (e) |
* State |
|
| (f) |
* Country |
|
| (g) |
* Pin code |
|
|
| 5. |
*Date of appointment |
|
(DD/MM/YYYY) |
| 6. |
*Date of Cessation |
|
(DD/MM/YYYY) |
| 7. |
*Whether the appointment or cessation is O Pursuance to an order of court O Pursuance to any instrument |
| 8. |
(a) Number of charges |
|
|
(b) Pursuance to an order of court |
|
| Court reference |
Date of Court order (DD/MM/YYYY) |
Charge ID |
Appointment relating to whole of the property of the company |
Appointment relating to income arising from whole of the property of the company |
|
|
|
Yes No |
Yes No |
|
|
(c) Pursuance to any instrument |
|
| Description of instrument |
Date of instrument (DD/MM/YYYY) |
Charge ID |
Appointment relating to whole of the property of the company |
Appointment relating to income arising from whole of the property of the company |
|
|
|
Yes No |
Yes No |
|
| Attachments |
| 1. |
* Copy of instrument appointing receiver/ manager; |
|
|
| 2. |
* Copy of court order; |
|
| 3. |
List of specified property of the company in case the appointment relates to specified property of the company; |
|
| 4. |
List of specified property of the company in case the appointment relates to income arising from specified property of the company; |
|
| 5. |
Optional attachment(s), if any |
|
| Declaration |
| I declare that whatever stated above is true correct and complete and nothing material has been suppressed including the attachments to this form. I am duly authorized to sign this form. |
| To be digitally signed by |
| Person appointing receiver or manager |
| PAN |
| To be digitally signed by |
| Receiver or manager |
| PAN |
| Note: Attention is also drawn to provisions of Section 447, section 448 and 449 of the Companies Act, 2013 which provide for punishment for fraud, punishment for false statement and punishment for false evidence respectively |
|
|
|
|
| For office use only: |
|
|
|
| eForm Service request no. (SRN) |
eForm filing date |
(DD/MM/YYYY) |
| Digital signature of the authorizing officer |
| This e-Form is hereby registered |
| Date of signing |
|
(DD/MM/YYYY) |
|
|
Form No. CHG-7
Register of charges
[Pursuant to section 85 sub-rule (1) of rule 10 of the Companies (Registration of Charges) Rules, 2014]
| S.No |
Charge ID |
Date of creation of charge or date of acquisition of property subject to charge |
Date of registration of creation of charge |
Short description of the property charged |
| (1) |
(2) |
(3) |
(4) |
(5) |
|
|
|
|
|
| Period and amount secured by the charge |
Names and addresses of the charge holder |
Particulars of the terms and conditions of the charge |
Description of the instrument creating the charge |
| (6) |
(7) |
(8) |
(9) |
|
|
|
|
| Date of modification of charge |
Date of registration of modification of charge |
Description of the instrument modifying the charge |
Particulars of modification |
| (10) |
(11) |
(12) |
(13) |
|
|
|
|
| Date of satisfaction |
Date of registration of satisfaction |
Facts and date of condonation of delay, if any |
Reasons for delay in filing for registration of creation, modification or satisfaction of the charge, if any |
| (14) |
(15) |
(16) |
(17) |
|
|
|
|
| Form No. CHG. 8
[Pursuant to section 77(1) read with 87 of The Companies Act, 2013 and rule 12(2) of The Companies (Registration of charges) Rules 2014] |
|
Application to Central Government for extension of time for filing particulars of registration of creation/ modification/ satisfaction of charge OR for rectification of omission or misstatement of any particular in respect of creation/ modification/ satisfaction of charge |
|
Form language English Hindi |
|
Refer the instruction kit for filing the form. |
| 1. |
(a) |
*Corporate identity number (CIN) or foreign company registration number (FCRN) of the company |
|
|
|
(b) |
Global location number (GLN) of company |
|
| 2. |
(a) |
Name of the company |
|
|
(b) |
Address of the registered office or principal place of business in India of the company |
|
|
|
(c) |
email ID of the company |
|
| 3. |
* This form is for condonation of |
|
Delay in registration of |
|
Creation of Charge |
|
Modification of Charge |
|
Satisfaction of Charge |
|
Omission or misstatement of any particular in respect of |
|
Creation of Charge |
|
Modification of Charge |
|
Satisfaction of Charge |
| 4. |
*The application is made by Company Any other interested person |
| 5. |
*SRN of relevant form Form CHG. 1 Form CHG. 4 Form CHG. 9 |
| 6. |
Charge identification number(ID) |
| 7. |
(a) |
*Date of creation/ modification/ satisfaction of charge entered in the relevant form |
|
(b) |
*Amount of charge created/ modified/ satisfied |
|
(c) |
*Name(s) of the charge holder(s) |
|
(d) |
*Particulars of the property or asset(s) charged (including complete address and location of the property) |
|
|
| 8. |
*Reasons for delay/ omission/ misstatement in filing |
|
|
| 9. |
*Details of omission/ misstatement and the relief required |
|
|
| Attachment(s) |
List of attachments |
| 1. |
*Instrument creating/ modifying/ satisfying the charge; |
|
|
| 2. |
Letter of authorisation (in case of Authorized Representative of a foreign company); |
|
| 3. |
Copy of resolution of the Board authorizing the filing of the application and appointing the authorized representative, if any; |
|
| 4. |
Affidavit; |
|
| 5. |
Confirmation from the Charge-holder; |
|
| 6. |
Balance Sheet and Annual Return of financial year in which form was filed for which rectification is done (if completed); |
|
| 7. |
Optional attachment, (if any) |
|
|
| Declaration (if applicant is company) |
|
do solemnly declare that I am the (Drop down: values-director or manager or company secretary or CEO or CFO or an authorized representative); |
|
and it is further declared that |
| 1. |
the delay in filing the particulars of creation/ modification/ satisfaction or omission or misstatement, was accidental or due to inadvertence or some other sufficient cause and are or is not of a nature to prejudice the position of the charge holder, shareholders or creditors of the company; |
| 2. |
no prejudice would be caused to the charge holder(s) or any other creditor(s) of the company, if the delay is condoned or omission or misstatement is rectified; |
| 3. |
the company has not created or modified any other charge(s) whatsoever on the assets of the company, since the creation/ modification of the present charge, for which the application for condonation of delay is being filed; |
| 4. |
the company is carrying on the business as on the date of filing this application and no proceedings to wind-up the company have commenced or are pending against the company; |
| 5. |
there is no litigation proceedings is pending before any court of law for which condonation of delay is being filed; |
| 6. |
the company has not applied for striking off the name of the company from the Register of Registrar of Companies. |
| To be digitally signed by |
| Director or manager or company secretary or CEO or CFO (In case of an Indian company) or an authorized representative (In case of a foreign company) |
|
| Designation |
| DIN of the director; or DIN or PAN of the manager or CEO or CFO or authorized representative; or Membership number of the company secretary |
|
| Declaration (if applicant is any person other than the company) |
| I confirm that the delay in filing the particulars of creation/ modification/ satisfaction or omission or misstatement, was accidental or due to inadvertence or some other sufficient cause and are or is not of a nature to prejudice the position of the charge holder, shareholders or creditors of the company and all the information and particulars mentioned above are concisely and correctly stated. |
| To be digitally signed by |
| Charge Holder |
| PAN |
| To be digitally signed by |
| ARC or assignee |
| PAN |
| To be digitally signed by |
| Designation |
| PAN |
| Note : Attention is also drawn to provisions of Section 447, Sections 448 and 449 of the Companies Act, 2013 which provide for punishment for fraud, punishment for false statement and punishment for false evidence respectively |
|
|
|
|
| For office use only: |
|
|
|
| eForm Service request no. (SRN) |
eForm filing date |
(DD/MM/YYYY) |
| Digital signature of the authorizing officer |
| This e-Form is hereby approved |
|
| This e-Form is hereby rejected |
| Date of signing |
|
(DD/MM/YYYY) |
|
|
| [Form No. CHG-9]
[Pursuant to sections 71(3), 77, 78 & 79 and pursuant to Section 384 read with 71(3), 77, 78 and 79 of The Companies Act, 2013 and Rule 3 of The Companies (Registration of Charges) Rules, 2014] |
|
Application for registration of creation or modification of charge for debentures or rectification of particulars filed in respect of creation or modification of charge for debentures |
|
Form language English Hindi |
|
Refer the instruction kit for filing the form. |
| 1. |
(a) |
*Corporate identity number (CIN) or foreign company registration number (FCRN) of the company |
|
|
|
(b) |
Global location number (GLN) of company |
|
| 2. |
(a) |
Name of the company |
|
|
(b) |
Address of the registered office or of the principal place of business in India of the company |
|
| 3. |
(a) |
*This form is for o Creation of charge o Modification of charge o Rectification of charge |
|
(b) |
*Type of debentures o Debentures o Debenture Stock o Bond o Any other instrument |
|
(c) |
SRN of the form for which rectification is being filed |
|
(d) |
Charge ID of the charge to be modified or rectified |
|
(e) |
SRN of form INC-28 |
|
(f) |
Rectification to be made in regard to |
|
|
| Type of debentures |
Number of trustees or debenture holders |
| Particulars related to series of debentures |
Particulars related to present issue of series |
| Amount secured by charge |
Description/ Particulars of property charged |
| Principal terms and conditions, extent and operation of charge |
Extent of charge |
| Particulars of commissions, allowances or discount |
|
| 4. |
(a) |
*Whether the applicant is Company Trustee of debenture holders or charge holder |
|
(b) |
Whether the form is being filed |
|
|
(i) |
*Beyond 30 days but within 300 days from the date of creation or modification Yes No |
|
|
(ii) |
If yes, give reasons for the delay and mention the duration of delay
|
|
|
(iii) |
Beyond 300 days Yes No |
|
|
|
(if yes, an application will be required to be made to Central Government for extension of further time) |
| 5. |
* Number of trustee(s) of debenture-holders or charge-holder(s) |
|
Particulars of the trustee of debenture holders or charge holder (in case charge is modified in favour of ARC or assignee, enter the particulars of ARC or assignee) |
|
*Whether trustee of debenture holder or charge holder is having a valid Income Tax PAN Yes No |
|
Income tax-Permanent Account Number (PAN) |
|
BSR Code/ Branch Code |
| 6. |
* Date of creation |
|
(DD/MM/YYYY) |
| 7. |
Whether the charge is for Entire series of debentures Any issue in a series of denentures |
| 8. |
(a) |
Whether the series of debentures are registered with the Registrar of Companies (RoC) Yes No |
|
(b) If yes, |
(i) |
The total amount secured by the whole series (in Rs.) |
|
|
|
|
(ii) |
Date of registration of series |
|
(DD/MM/YYYY) |
| 9. |
(a) |
* Date of present issue of series |
|
(DD/MM/YYYY) |
|
(b) |
*Amount of present issue of series (amount secured by the charge) (in Rs.) |
|
|
|
(in case of modification of charge, enter the amount secured by the charge after such modification) |
|
(c) |
Amount secured by the charge in words |
|
|
| 10. |
* Date of resolution authorizing the issue of the series |
|
(DD/MM/YYYY) |
| 11. |
(a) |
*Description of the property charged indicating whether it a charge on |
|
|
| Uncalled share capital |
Calls made but not paid |
Immovable property or any interest therein |
| Movable property |
Floating charge |
Motor Vehicle (Hypothecation) |
| Any property for securing the issue of secured deposits |
Goodwill |
Patent |
| Licence under a patent |
Trade mark |
Copyright |
| Book debts |
Ship or any share in a ship |
Solely of Property situated outside India |
| Others |
|
|
(b) |
If others, specify |
|
|
|
(c) |
*Particulars of the property charged (including location of the property) |
|
|
o Plot Unit o Dwelling Interest |
| Evaluated Price of Asset as on Security interest Creation date |
Nature of Property |
Plot ID number |
Survey number/ Gate number etc.* |
|
|
|
|
| Street Number and Name |
Sector/ Block Number |
Locality |
Landmark |
|
|
|
|
| Village/Town |
Taluka |
District |
State |
|
|
|
|
| Pin Code |
Latitude |
Longitude |
Area of plot (Square feet/ meter, Acre, Gunta, Cents, Hectares) |
|
|
|
|
| Evaluated Price of Asset as on Security interest Creation date |
Nature of Property |
Plot ID number |
Survey number/Gate number* |
|
|
|
|
| Dwelling Unit ID Number |
Floor number |
Building Name and Society Name |
Street number and name |
|
|
|
|
| Sector/ Block Number |
Locality |
Landmark |
Village/Town Name |
|
|
|
|
| Taluka |
District |
State |
Pin Code |
|
|
|
|
| Latitude |
Longitude |
Area of dwelling (Square feet/ meter) |
|
|
|
|
| By North |
By South |
By East |
By West |
|
|
|
|
|
*Survey number, GAT number, Khesra number; khweta number, Mouza number, Phase number or any other such similar representation in various states or union territories can be captured in this field. |
|
(All the fields should be captured as appearing in the revenue record, flat no, house no, Municipal Office/ Municipal Corporation/ Gram panchayat are to be specified and also the area of the immovable property as well as boundaries) |
| 12. |
*Brief of the principal terms and conditions, (including rate of interest, date of redemption and creation of debenture redemption reserve) extent and operation of charge |
|
| (a) |
Date of Creating Security Interest by actual/ constructive deposit of title deeds within bank/ housing finance company |
(DD/MM/YYYY) |
| (b) |
Borrower's customer/ account number |
|
| (c) |
*Rate of interest |
|
| (d) |
Repayment term (in months) |
|
| (e) |
*Terms of Repayment |
|
| (f) |
Nature of facility |
|
| (g) |
Date of Disbursement |
(DD/MM/YYYY) |
| (h) |
Miscellaneous narrative information |
|
| (i) |
*Margin |
|
| (j) |
*Extent and operation of the charge |
|
| (k) |
Others |
|
|
|
|
|
|
| 13. |
*Particulars as to amount or rate percent of the commission, allowances or discount (if any) paid, or made either directly or indirectly by the company to any person(s) in consideration of their subscribing or agreeing to subscribe, whether absolutely or conditionally, or procuring or agreeing to procure subscriptions, whether absolute or conditional, for any of the debentures included in this return. |
|
|
| Modification of charge |
| 14. |
(a) |
* Whether charge modified in favour of asset reconstruction company (ARC) or assignee Yes No |
|
(b) |
Whether trustee of debenture holders or charge holder is authorised to assign the charge Yes No |
| 15. |
(a) |
*Description of the instrument modifying the charge |
|
|
|
(b) |
* Date of instrumental modifying the charge |
|
(DD/MM/YYYY) |
| 16. |
*Particulars of the present modification |
|
(Please ensure that correct particulars are entered as the same shall be displayed in the certificate of modification of charge) |
|
|
| 17. |
Description of the document by which the company acquired the title |
|
Number of title documents deposited by customer |
| I |
| Document type |
|
| Document Number |
|
| Sub-registrar |
|
| Taluka |
|
| District |
|
| State |
|
| Country code |
|
| Pin Code |
|
|
| Attachment(s) |
List of attachments |
| (1) |
Copy of resolution authorising the issue of debenture series; |
|
|
| (2) |
Instrument(s) of creation or modification of charge; |
|
| (3) |
Order of the Central Government for rectification of charge; |
|
| (4) |
Optional attachments, if any |
|
|
| Declaration |
| I am authorized by the Board of Directors of the Company vide resolution number * dated * to sign this form and declare that all the requirements of Companies Act, 2013 and the rules made thereunder in respect of the subject matter of this form and matters incidental thereto have been complied with. I also declare that all the information given herein above is true, correct and complete and as per the attached charge instrument(s) or document(s) and nothing material has been suppressed. A copy of the attached charge instrument(s) or document(s) is/ are available at the registered office or principal place of business in India of the company. |
|
I further declare that: |
|
(a) |
the delay in filing the particulars of creation/ modification, was accidental or due to inadvertence or some other sufficient cause and are or is not of a nature to prejudice the position of the charge holder, shareholders or creditors of the company; |
|
(b) |
no prejudice would be caused to the charge holder(s) or any other creditor(s) of the company, if the delay is condoned; |
|
(c) |
the company has not created or modified any other charge(s) whatsoever on the assets of the company, since the creation/ modification of the present charge, for which the application for condonation of delay is being filed; |
|
(d) |
the company is carrying on the business as on the date of filing this application and no proceedings to wind-up the company have commenced or are pending against the company; |
|
(e) |
there is no litigation proceedings pending before any court of law for which condonation of delay is being filed; |
|
(f) |
the company has not applied for striking off the name of the company from the register of Registrar of Companies |
| To be digitally signed by |
|
| Director or manager or secretary or CEO or CFO (In case of an Indian company) or an authorised representative (In case of a foreign company) |
|
| Designation |
| DIN of the director; PAN of the manager or CEO or CFO or |
| authorised representative; or membership number of company secretary |
| Declaration |
| I/ we confirm that the attached charge instrument(s) or document(s) is/ are true copies of the original which is/ are available with the charge holder and/or assignee and all the information and particulars mentioned above are derived there from are concisely and correctly stated. I/ we am/ are duly authorised to sign this form. |
| I/ we am/ are a multilateral/ International financial institution who has/ have been exempted from payment of income tax in India under the UN Privileges and Immunities Act. |
| * To be digitally signed by |
| Trustee of debenture holders or Charge Holder |
| PAN |
| To be digitally signed by |
| ARC or assignee |
| PAN |
| To be digitally signed by |
| Designation |
| PAN |
| Certificate by Practising professional |
| I declare that I have been duly engaged for the purpose of certification of this form. It is hereby certified that I have gone through the provisions of the Companies Act, 2013 and rules thereunder for the subject matter of this form and matters incidental thereto and I have verified the above particulars (including attachment(s)) from the original/certified records maintained by the Company/ applicant which is subject matter of this form and found them to be true, correct and complete and no information material to this form has been suppressed. I further certify that: |
| The said records have been properly prepared, signed by the required officers of the Company and maintained as per the relevant provisions of the Companies Act, 2013 and were found to be in order; |
| All the required attachments have been completely and legibly attached to this form. |
| Chartered accountant (in whole-time practice); or |
| Cost accountant (in whole-time practice); or |
| Company secretary (in whole-time practice) |
| Whether associate or fellow ? Associate ? Fellow |
| Membership number Certificate of Practice number |
| Note: Attention is also drawn to provisions of Section 447, section 448 and 449 of the Companies Act, 2013 which provide for punishment for fraud, punishment for false statement and punishment for false evidence respectively |
|
|
|
|
| For office use only: |
|
|
|
| eForm Service request no. (SRN) |
eForm filing date |
(DD/MM/YYYY) |
| Digital signature of the authorizing officer |
| This e-Form is hereby registered |
| Date of signing |
|
(DD/MM/YYYY) |
|
|