6.charges 2
6.charges 2
6.charges 2
REGISTRATION OF CHARGES
(Chapter VI of the Companies Act, 2013 consisting of Sections 77 to 87, and the
Companies (Registration of Charges) Rules, 2014)
Chapter VI of the Companies Act, 2013
Registration of Charges
Section Marginal Heading
1. REGISTRATION OF CHARGE BY THE COMPANY (Section 2(16) and Section 77, 79 and
80)
a. What is the effect of non-registration of a charge under Companies Act,
2013? (May 2002)
b. What is the concept of ‘Charge’ under the provisions of the Companies Act,
2013 (May 2004)
c. What do you understand by ‘Charge’ under the Companies Act, 2013? (May
2006)
d. What is the effect of non-registration of a charge required to be
registered under the Act? Explain. (Nov. 2006)
e. Define the term “Charge”. (Nov.2014)
f. State the particulars that are required to be filled with the Registrar of
Companies in case debentures are secured by way of a charge on certain
immovable assets of the company. (Nov.2017)
g. Explain the term ‘Charge’. State the circumstances under which necessity
to create a charge arises. What is the time limit for registration of charge
with the Registrar? (May 2018)
h. What is the time limit for registration of charge with the Registrar? (Nov.
2018)
(A) Provisions contained in the Act
Definition of ‘Charge’ means an interest or lien created on the property or
Charge [Section assets of a company or any of its undertakings or both as security
2(16)] and includes a mortgage.
Legal (a) Where a company creates a charge on any of its assets,
provisions property or undertaking, it shall be the duty of the company to
relating to register such charge.
registration of (b) Section 77 requires registration of every charge created on any
charge by the property of the company, whether such property is –
company i) Movable or immovable;
ii) Tangible or intangible;
iii) Situated in India or outside India.
(c) The charge shall be registered with the Registrar within 30
days of its creation.
(d) The charge shall be registered in such form, in such manner
and on payment of such fees, as may be prescribed.
(e) The prescribed from containing the particulars of the charge
shall be signed by the company and the charge-holder.
(f) The instrument creating the charge, if any, shall also be filed
with the Registrar.
Condonation of Where a charge is not registered within 30 days of its creation, the
delay for non- position shall be as follows:
filing within 30 Case 1: The (a) The company may make an application to
days charge was the Registrar for condonation of delay.
created before (b) The Registrar may allow the registration of
the the charge after 30 days of its creation, but
Commencement within 300 days of creation of charge.
of the (c) The company shall pay such additional fees
Companies as may be prescribed.
(Amendment) (d) If the charge is not registered within 300
Act, 2019 days of creation of charge as per points (a),
(b) and (c) above, the charge shall be
registered within 6 months from the date of
Commencement of the Companies
(Amendment) Act, 2019, on payment of
such additional fees as may be prescribed.
Case II: The (a) The company may make an application to
charge was the Registrar for condonation of delay.
created on or (b) The Registrar may allow the registration of
after the the charge after 30 days of its creation, but
Commencement within 60 days of creation of charge, on
of the payment of such additional fees by the
Companies company as may be prescribed.
(Amendment) (c) If the charge is not registered within 60
Act, 2019 days of creation of charge, the Registrar
Requirements for registration of a charge which was created more than 30 days
back. (Section 77) (May 2008)
P 6.1A. A charge requiring registration with Registrar of Companies was created on
1st February, 2019 by XYZ Limited. The Secretary of the Company realized on 15th
March, 2019, that the charge was not filed with the Registrar. State the steps to be
taken by the Secretary to get the charge registered with the Registrar.
Answer:
Whether charge can be filed after 30 days of its creation and after 300 days of
its creation? (Section 77) (May 2001) (Nov. 2005)
P 18. ABC Limited realized on 2nd March, 2019 that particulars of charge created
on 12th January, 2019 in favour of a Bank were not filed with the Registrar of
Companies for Registration. What procedure should the company follow to get the
charge registered with the Registrar of Companies? Would the procedure be
different if the charge was created on 12th January, 2018 instead of 12th January,
2019? Explain with reference to the relevant provisions of the Companies Act, 2013.
Answer:
Situations where - The charge was created after 2nd November, 2018 and so the
the charge was application for registration for registration of charge had
created on 12th to be made to the Registrar till 11th February, 2018 (i.e.
January, 2019 within 30 days of creation of charge), but ABC Limited has
not made such application fill 11th February, 2019.
- The application for registration of charge can be made up
to 13th March, 2019 (i.e. within 60 days of creation of
charge) and the Registrar may allow the registration of
charge.
- The company shall pay such additional fees as may be
prescribed (Section 77).
Situation where - The application for registration of charge has not been
the charge was made to the Registrar up to 8th November, 2018 (i.e. within
created on 12th 300 days of creation of charge).
January, 2018 - The application for registration of charge can be made up
to 1st March, 2019 (i.e. within 6 months of Commencement of
the Companies (Amendment) Act, 2019) and the Registrar
may allow the registration of charge.
- The company shall pay such additional fees as may be
prescribed (Section 77).
Whether charge can be filed after 30 of its creation, and within 60 days of its
creation? (Section 77) (Nov. 2016)
P 6.1C. MNC Limited realized on 2nd March, 2019 that particulars of charge created
on 12th January, 2019 in favour of a Bank were not filled with Registrar of
Companies for Registration. What procedure should the company follow to get the
Situation where - The charge was created after 2nd November, 2018 and so the
the charge was application for registration for registration of charge had
created on 12th to be made to the Registrar till 11th February, 2019 (i.e.
January, 2019 within 30 days of creation of charge), but MNC Limited has
not made such application till 11th February, 2019.
- The application for registration of charge can be made up
to 13th March, 2019 (i.e. within 60 days of creation of
charge) and the Registrar may allow the registration of
charge.
- The company shall pay such additional fees as may be
prescribed (Section 77).
Situation where - The charge was created after 2nd November, 2018.
the charge was - The application for registration of charge has not been
created on 12th made to the Registrar up to 10th February, 2019 (i.e. within
December, 2018 60 days of creation of charge).
- The application for registration of charge can be made up
to 11th April, 2019 (i.e. within next 60 days) and the Registrar
may allow the registration of charge.
- The company shall pay such advalorem fees as may be
prescribed (Section 77).
Receiver or shall be filed with the Registrar in Form No. CHG-6 along with
Manager fee.
(b) If the charge-holder does not show any cause within the time
specified in the notice (not being more than 14 days), the
Registrar shall –
i) Record the satisfaction of charge in the register of charges
maintained by him; and
ii) Inform the company that the satisfaction of charge has been
recorded.
(c) Notice to the charge-holder is not required where intimation to
the Registrar is given in the prescribed form and is signed by the
charge-holder.
(d) Where any cause is shown by the charge-holder, the Registrar
shall –
i) Record a note to that effect in the register of charges
maintained by him;
ii) Inform the company regarding the cause shown by the
charge-holder.
Power of The power of the Registrar to record satisfaction of charges Under
Registrar to Section 82 shall not affect –
record i) The power of the Registrar to record satisfaction of charges
satisfaction in Under Section 83; or
other cases ii) The power of the Registrar to record satisfaction of charges
otherwise than on receipt of any intimation from the company.
(B) Provisions contained in Rule 8 of the Companies (Registration of Charges) Rules,
2014.
Satisfaction of (a) The company or the charge-holder shall, within a period of 300
Charge days from the date of the payment or satisfaction in full of any
registered charge, give intimation of the same to the Registrar in
Form No. CHG-4 along with the fee.
(b) 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.