The Companies (Registration of Charges) Rules, 2014
Published vide Notification No. G.S.R. 248(E), dated 31st March, 2014
Last Updated 5th September, 2022 [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:-
1. 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.
2. 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;
(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.
[(5) Nothing contained in this rule shall apply to any charge required to be created or modified by a banking company under section 77 in favour of the Reserve Bank of India when any loan or advance has been made to it under sub-clause (d) of clause (4) of section 17 of the Reserve Bank of India Act, 1934 (2 of 1934).][4. Application to Registrar. - (1) For the purposes of the first proviso and clause (b) of the second proviso to sub-section (1) of section 77, 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 including modification thereto, allow the registration of the same after thirty days but within the period as specified in the said provisos, on payment of fee, additional fee or advalorem fee, as may be applicable, as prescribed in the Companies (Registration Offices and Fees) Rules, 2014.
(2) The application under sub-rule (1) shall be made in Form No.CHG-1 and Form No.CHG-9 supported by a declaration from the company signed by its company secretary or a director that such belated filing shall not adversely affect the rights of any other intervening creditors of the company.]
5. 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.
6. 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.
7. 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.
8. Satisfaction of charge. - [(1) A company or charge holder shall 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.
9. 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.6 along with fee.
10. Company's register of charges. - (1) Every company shall keep at its registered office a register of charges in Form No. CHG.7 and 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.
11. 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;
(a) direct rectification of the omission or misstatement of any particulars, in any filing, previously recorded with the Registrar with respect to any charge or modification thereof, or with respect to any memorandum of satisfaction or other entry made in pursuance of section 82 or section 83,
(b) direct extension of time for satisfaction of charge, if such filing is not made within a period of three hundred days from the date of such payment or satisfaction.]
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)
[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) and 13 of the Companies (Registration of Charges) Rules 2014]
Form language English Hindi
Refer instruction kit for filing the form All fields marked in * are mandatory
Entity's Details
1.
*Corporate Identity Number (CIN) or Foreign Company Registration Number (FCRN)
2.
(a)
*Name of the company
(b)
*Address of the registered office or principal place of business in India of the company
(c)
*e-mail ID of the company
3.
(a)
* This form is for registration of
Creation of charge Modification of charge
(b)
*Charge ID of the charge to be modified or rectified
4.
* Whether the applicant is Company Charge holder
Details of charge instrument
5.
(a)* Date of the instrument creating or modifying the charge (DD/MM/YYYY)
(b)* Nature, description and brief particulars of the instrument creating or modifying the charge
(c) *Whether charge is created or modified outside India
Yes No
6.
(a)
Whether charge is modified in favour of asset reconstruction company (ARC) or assignee Yes No
(b)
Whether charge holder is authorised to assign the charge as per the charge agreement Yes No
7.
Type of charge
* (a) *Description of the property charged indicating whether it is a charge on
Immovable property or any interest therein -
Residential
Immovable property or any interest therein -
Commercial
Immovable property or any interest therein -
Others
Movable property - Equipment and Machinery
Movable property – Inventory
Movable property - Inventory (incl. Receivables)
Movable property - Motor Vehicle (Hypothecation)
Movable property - Ship or any share in a ship
Movable property - Others
Intangible – Goodwill
Intangibles - Trademarks
Intangible - Patent
Intangible - Licence
Intangible - Licence under a Patent
Intangible - Copyright
Intangible - Copyright under a Patent
Intangible - Designs
Intangible - IPR
Intangible - Others
Solely of Property situated outside India
Uncalled share capital
Calls made but not paid
Book debts
Others
(b)
If others, please specify
8.
(a)
* Whether consortium finance is involved: Yes No
If yes, enter Lead Banker's Name
(b)
* Whether joint charge is involved Yes No
(c)
* Number of charge holder(s)
(d)
Whether charges rank pari passu Yes No
List
of the Charge holder (s)
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Import
Rank
Name of the Charge holder
Particulars
of the property charged
Details
of their extent on the charge (in %)
Maximum
amount secured (in INR)
9.
Particulars of the charge holder (in case charge is modified in favour of ARC or assignee, enter the particulars of ARC or assignee)
*Whether
charge holder is having a valid Income Tax PAN
Yes No
Income
Tax- Permanent Account Number (PAN)
BSR
Code / Branch Code
Details
of charge
10(a)
*Maximum Amount secured by the charge
(In case
the amount is in foreign currency, rupee equivalent to be stated)
(in INR.).
(In case of
modification of charge, enter the amount secured by the charge
after such modification)
(b)*
Maximum Amount secured by the charge in words
(c) In case
amount secured by the charge is in foreign currency, mention
details
11.
Brief of the principal terms and conditions, 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
Asset
Details
12.
In case of acquisition of property, subjected to charge, furnish
the details relating to the existing charge on the property so
acquired
(a) Date of
instrument creating or evidencing the charge (DD/MM/YYYY)
(b)
Description of the instrument creating or evidencing the charge
(c) Date of
acquisition of the property (DD/MM/YYYY)
(d) Charge
ID
(e) Amount
of the charge (in INR)
(f)
Particulars of the property charged
13.
(a) *Short particulars of the property or asset(s) charged (including complete address and location of the property)
(b)
Plot Unit / Dwelling Interest
Plot Dwelling Interest
(c)
(i) Details of Plot Unit
Evaluated Price of Asset as on Security interest Creation date (in INR)
Nature of Property
Plot ID Number
Survey No./ Gate No. etc.
Street Number & Name
Sector/ Block Number
Locality
Landmark
Village/Town Name
Taluka
Pin code
District
State
Latitude
Longitude
Area of plot (Sq. feet, Sq. meter, Acre, Gunta, Cents,
Hectares)
(ii) Details of Dwelling Interest
Evaluated Price of Asset as on Security interest Creation date (in INR)
Nature of Property
PLOT ID Number
Survey No./Gate No.*
Dwelling Unit ID Number
Floor No.
Building Name & Society Name
Street Name / No.
Sector/ Block Number
Locality
Landmark
Village/Town Name
Taluka
Pin Code
District
State
Latitude
Longitude
Area of dwelling (Sq. feet, Sq. Meter)
(iii) Bounded by
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 / Grampanchayat are to be specified and also the area of the immovable property as well as boundaries)
14.
Description of document by which the company / borrower / third party acquire title
Number of title documents deposited by customer
Document
Type (Sale deed/Lease
deed/Award/Others)
Document
Number
Sub
registrar
Taluka
Country
Pin
Code/Zip code
City/Sub-District
State/UT
∇
∇
∇
∇
15.
(a)
*Whether any of the property or interest therein under reference is not registered in the name of the company Yes No
(b) (i) CIN / LLPIN of the company in whose name property or interest therein is registered (if applicable)
(ii) PAN of the Individual in whose name property or interest therein is registered (if applicable)
(iii) Name of entity / individual person in whose name it is registered
Other Details
16.
*Date of creation/last modification prior to the present modification (DD/MM/YYYY)
17.
*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)
Attachments
(a)
*Instrument(s) of creation or modification of charge
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(b)
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;
Max 2 MB
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(c)
Optional attachment(s)- if any
Max 2 MB
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Declaration
I am authorised by the Board of Directors of the Company vide resolution no. * dated to sign this is 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:
1.
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;
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 creation / modification of the present charge;
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 secretary or CEO or CFO or IRP/RP/Liquidator (In case of an Indian company) or an authorised representative (In case of a foreign company)
DIN of the director; PAN of the manager or CEO or CFO or authorised representative or IRP/RP/Liquidator; 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
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:
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 practice number
Note: Attention is 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/ certificate and punishment for false evidence respectively
For office use only:
eForm Service request number (SRN)
eForm filing date (DD/MM/YYYY)
Digital signature of the authorising officer
This eForm is hereby registered
Date of signing (DD/MM/YYYY) Or
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 filing company.
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 ________________.
[Pursuant to section 82(1) of the Companies Act, 2013 and Rule 8(1) and 13 of the Companies (Registration of charges) Rules 2014]
Form language English Hindi
Refer instruction kit for filing the form All fields marked in * are mandatory
Entity's Details
1 *Corporate Identity Number (CIN) or Foreign
Company Registration Number (FCRN)
2(a) *Name of the
Company
(b) *Address of the registered office or principal place of
business in India of the company
(c) *e-mail ID of the company
3 *Date of
satisfaction of charge in full (DD/MM/YYYY)
4(a) Whether the
form is being filed
(i) *Beyond 30 days but within 300 days from the date of
satisfaction
Yes No
If yes, give reasons for the delay and mention the duration of
delay
(ii) *Beyond 300 days (if yes, an application will be required
to be made to Central Government for extension of further time)
Yes No
(b) *Whether the
applicant is
Company Charge holder
5(a) *Whether the
charge is satisfied in favour of asset reconstruction company or
assignee
Yes No
(b) *Charge
creation identification (ID) number
6. Particulars of
the charge holder or ARC or assignee
(a) *Name of the charge holder
∇
In case of others, CIN (if applicable)
*Name
*Address
*email id
(b) Particulars of creation of original charge and subsequent
modifications
(i) *Charge creation date (DD/MM/YYYY)
(ii) *Charge last modified date (DD/MM/YYYY)
(iii) *Final amount secured (In case the amount is in foreign
currency, rupee equivalent to be stated) (in INR)
(iv) *Amount secured by the charge in words
(v) *In case amount secured by the charge is in foreign
currency, mention details
Attachments
(a) Optional
attachment(s) - if any
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Declaration
I am authorised by
the Board of Directors of the Company vide resolution no.
Dated to sign this is 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 secretary or CEO or CFO or IRP/RP/Liquidator (In case of an
Indian company), an Authorised representative (In case of a
foreign company)
DIN of the director;
PAN of the manager or CEO or CFO or IRP/RP/Liquidator 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
DSC BOX
DSC BOX
Charge Holder
(financial institution or bank or debenture holder etc.)
PAN
*Email ID
To be digitally
signed by
DSC BOX
ARC or assignee
PAN
Email ID
To be digitally
signed by
DSC BOX
Designation
PAN
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
DSC BOX
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
Save
Submit
Note: Attention
is 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/ certificate and punishment for
false evidence respectively.
For office use
only:
eForm Service
request number (SRN)
eForm filing date
(DD/MM/YYYY)
Digital signature of
the authorising officer
This eForm is hereby
registered
DSC BOX
Date of signing
(DD/MM/YYYY)
Or
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 filing company.
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
1. (a) Corporate identity number (CIN) or foreign company registration number (FCRN) of the company:
(b) GLN
2. (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 _____.
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 instruction kit for filing the form All fields marked in * are mandatory
Entity's Details
1 *Corporate Identity Number (CIN) or Foreign
Company Registration Number (FCRN)
2(a) *Name of the
Company
(b) *Address of the registered office or principal place of
business in India of the company
(c) *e-mail ID 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
Appointing Cessation
4. Particulars of
receiver or manager
(a) *Income tax permanent account number (PAN)
(b) Name
(c) Address
* Line 1
*Line 2
*Country
∇
*Pin code/Zip Code
*Area/Locality
∇
*City
*District
*State/UT
5. Date of appointment (DD/MM/YYYY)
6. Date of cessation (DD/MM/YYYY)
7. *Whether the appointment or cessation is
Pursuant to an order of the court Pursuant
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 an 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
9(a) List of specified property of the company in case the
appointment relates to specified property of the company
Number of assets
Sl. No.
Type of assets
Brief description of the part of asset
(i)
(ii)
(iii)
∇
(b) List of specified property of the company in case the
appointment relates to income arising from specified property of
the company
Number of assets
Sl. No.
Type of assets
Brief description of the part of asset
(i)
(ii)
(iii)
∇
Attachments
(a) Copy of
instrument appointing receiver/manager;
Max 2 MB
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(b) Copy of court
order;
Max 2 MB
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(c) Optional
attachment(s) – if any
Max 2 MB
Choose File
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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 authorised to sign this form.
To be digitally
signed by
Person appointing receiver or manager
DSC BOX
DSC BOX
PAN
To be digitally
signed by
Receiver or manager
DSC BOX
PAN
Save
Submit
Note: Attention
is 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 / certificate and punishment for
false evidence respectively.
For office use
only:
eForm Service
request number (SRN)
eForm filing date
(DD/MM/YYYY)
This eForm is hereby
registered
Digital signature of
the authorising officer
DSC BOX
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
Application to Central Government for extension of time for filing particulars of registration of satisfaction of charge OR for rectification of omission or misstatement of any particular in respect of creation/ modification/ satisfaction of charge
[Pursuant to section 77(1) read with 87 of The Companies Act, 2013 and rule 12(2) and 13 of The Companies (Registration of charges) Rules 2014]
Form language English Hindi
Refer instruction kit for filing the form All fields marked in * are mandatory
Entity's Details
1. *Corporate Identity Number (CIN) or Foreign
Company Registration Number (FCRN)
2.(a) *Name of the Company
(b) *Address of the registered office or principal place of
business in India of the company
(c) *e-mail ID of the company
3. *This form is for condonation of
Delay in registration of satisfaction of Charge
Rectification on account of Omission or mis-statement 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. *Form no. of the relevant form
Form CHG-1 Form CHG-4 Form CHG-9
*SRN of the form selected above
Charge Details
6. *Charge Identification Number (ID)
7.(a) *Date of
creation/modification/satisfaction of charge entered in the
relevant form (DD/MM/YYYY)
(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/ mis-statement
in filing and details of omission / mis-statement and the relief
required
Attachments
(a) *Instrument creating/modifying/satisfying the charge;
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(b) Affidavit
Max 2 MB
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(c) Confirmation from the charge holder
Max 2 MB
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(d) Optional attachment(s) - if any
Max 2 MB
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Declaration (if applicant is company)
I, am authorised by the Board of Directors of
the Company vide resolution no Dated to give this declaration
and to sign and submit this application. Further, I do solemnly declare that I am the
(Director/Manager/Company
Secretory/CFO/CEO/IRP/RP/Liquidator/Authorised Representative)
and that:
1. the delay in filing the particulars of
satisfaction or omission or misstatement of any particulars with
respect to creation/modification/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 for satisfaction of charge 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;
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
for satisfaction of charge 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 secretary or CEO or CFO
or IRP/RP/Liquidator (In case of an Indian company) or an
authorised representative (In case of a foreign company)
DIN of the director; PAN of the manager or CEO
or CFO or IRP/RP/Liquidator or authorised representative; or
membership number of company secretary
Declaration (if applicant is any person
other than the company)
I confirm that the delay in filing the
particulars of satisfaction or omission or misstatement of any
particulars with respect to creation/modification/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 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 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/ certificate and punishment for false evidence
respectively.
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
[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 and 13 of The Companies (Registration of charges) Rules 2014]
Form language English Hindi
Refer instruction kit for filing the form All fields marked in * are mandatory
Entity's Details
1 *Corporate Identity Number (CIN) or Foreign
Company Registration Number (FCRN)
2(a) *Name of the
Company
(b) *Address of the
registered office or principal place of business in India of the
company
(c) *e-mail ID of
the company
3(a) *This form is
for registration of
Creation of charge
Modification of charge Rectification of charge
(b) *Rectification
to be made in regard to
Type of debentures
Number of trustees or debentures holders
Extent of charge
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
Particulars of commissions, allowances or
discount
Particulars of modification
(c) *Type of
debentures
Debentures Debenture
Stock Bond Any other instrument
(d) *SRN of the form
for which rectification is being filed
(e)* Charge ID of
the charge to be modified or rectified
(f)* SRN of form
CHG-8
4. *Whether the
applicant is
Company Charge
holder or Trustee of debenture holders
Details of charge
instrument
5(a) *Date of the
instrument creating or modifying the charge (DD/MM/YYYY)
(b) *Nature,
description and brief particulars of the instrument creating or
modifying the charge
(c) *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)
6(a) Whether charge
is modified in favour of asset reconstruction company (ARC) or
assignee
Yes No
(b) Whether charge
holder or trustee of debenture holders is authorised to assign
the charge as per the charge agreement
Yes No
7. Type of charge
(a) *Description of
the property charged indicating whether it is a charge on
Immovable property or any interest therein -
Residential
Immovable property or any interest therein -
Commercial
Immovable property or any interest therein -
Others
Movable property - Equipment and Machinery
Movable property – Inventory
Movable property - Inventory (incl. Receivables)
Movable property - Motor Vehicle (Hypothecation)
Movable property - Ship or any share in a ship
Movable property - Others
Intangible – Goodwill
Intangibles - Trademarks
Intangible - Patent
Intangible - Licence
Intangible - Licence under a Patent
Intangible - Copyright
Intangible - Copyright under a Patent
Intangible - Designs
Intangible - IPR
Intangible - Others
Solely of Property situated outside India
Uncalled share capital
Calls made but not paid
Book debts
Others
(b) If others,
please specify
(c) *Short
particulars of the property or asset(s) charged (including
complete address and location of the property)
(d) Plot Unit /
Dwelling Interest
Plot Dwelling
Interest
(e) (i) Details of
Plot Unit
Evaluated Price of Asset as on Security interest Creation date (in INR)
Nature of Property
Plot ID Number
Survey No./ Gate No. etc.
Street Number & Name
Sector/ Block Number
Locality
Landmark
Village/Town Name
Taluka
Pin code
District
State
Latitude
Longitude
Area of plot (Sq. feet, Sq. meter, Acre, Gunta, Cents,
Hectares)
(ii) Details of
Dwelling Interest
Evaluated Price of Asset as on Security interest Creation date (in INR)
Nature of Property
PLOT ID Number
Survey No./Gate No.*
Dwelling Unit ID Number
Floor No.
Building Name & Society Name
Street Name / No.
Sector/ Block Number
Locality
Landmark
Village/Town Name
Taluka
Pin Code
District
State
Latitude
Longitude
Area of dwelling (Sq. feet, Sq. Meter)
(iii) Bounded by
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 / Grampanchayat
are to be specified and also the area of the immovable property
as well as boundaries)
Details of charge
holder
8. Number of
trustee(s) of debenture holders or charge holder(s)
9. Particulars of
the charge holder or the trustee of debenture holders (in case
charge is modified in favour of ARC or assignee, enter the
particulars of ARC or assignee)
*Whether charge
holder or trustee of debenture holder is having a valid Income
Tax PAN
Yes No
Income Tax-
Permanent Account Number (PAN)
BSR Code / Branch
Code
Details of charge
10(a) *Whether the
charge is for
Entire series of
debentures Any issue in a series of debentures
(b) *Whether the
series of debentures are registered with the Registrar of
Companies (RoC)
Yes No
(c)(i) If yes, the
total amount secured by the whole series (in INR)
(c)(ii) Date of
registration of series (DD/MM/YYYY)
(d) *Date of present
issue of series (DD/MM/YYYY)
(e) *Maximum 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)
(f) *Maximum amount
secured by the charge in words
11. Whether
resolution authorising the issue of series has been filed in
MGT-14
Yes No
(a) SRN of MGT-14
(b)*Date of
resolution authorising the issue of the series (DD/MM/YYYY)
12. Brief of the
principal terms and conditions, (Including rate of interest,
date of redemption, and creation of debenture redemption
reserve, if applicable) 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
Asset Details
14. Description of
document by which the company / borrower / third party acquire
title
Number of title
documents deposited by customer
Document Type
(Sale deed/Lease
deed/Award/Others)
Document Number
Sub registrar
Taluka
Country
Pin Code/Zip code
City/Sub-District
State/UT
Attachments
(a) *Instrument(s) of creation or modification of charge
Max 2 MB
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(b) Copy of the resolution authorising the issue of the debenture series
Max 2 MB
Choose File
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(c) Optional attachment(s)- if any
Max 2 MB
Choose File
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Declaration
I am authorised by the Board of Directors of the Company vide resolution no. * dated to sign this is 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:
1.
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;
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 creation / modification of the present charge;
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 secretary or CEO or CFO or IRP/RP/Liquidator (In case of an Indian company) or an authorised representative (In case of a foreign company)
DIN of the director; PAN of the manager or CEO or CFO or authorised representative or IRP/RP/Liquidator; 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
Charge Holder or Trustee of debenture holders
PAN of the charge holder
To be digitally signed by
ARC or assignee
PAN of the ARC or assignee
To be digitally signed by
Designation
PAN
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:
iii. 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;
iv. 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 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/ certificate and punishment for false evidence respectively.
For office use only:
eForm Service request number (SRN)
eForm filing date (DD/MM/YYYY)
Digital signature of the authorising officer
This eForm is hereby registered
Date of signing (DD/MM/YYYY)
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