Part I – Law(s) Governing the eForm CHG-4
Section and Rule Number(s)
eForm CHG-4 is required to be filed pursuant to Section 82(1) of the Companies Act, 2013 and Rule 8(1) of Companies(Registration of Charges) Rules, 2014 which are reproduced for your reference:
(1) A company shall give intimation to the Registrar in the prescribed form, of the payment or satisfaction in full of any charge registered under this Chapter within a period of thirty days from the date of such payment or satisfaction and the provisions of sub-section.
Rule 8 (1)
For the purposes of sub-section (1) of section 82, a company shall within thirty 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 eForm CHG-4 along with the fee.
Purpose of the eForm CHG-4
Every company shall intimate the RoC of the payment or satisfaction (in full) of any charge relating to the company within 30 days from the date of such payment or satisfaction. Indian companies will file eForm CHG-4 with their concerned RoC and the foreign companies will file eForm CHG-4 with the Delhi RoC.
eForm Number as per Companies Act, 1956
Form 17 as per Companies Act, 1956.
Part II – Instructions to fill the eForm CHG-4
Specific Instructions to fill the eForm CHG-4 at Field Level
Instructions to fill the eForm are tabulated below at field level. Only important fields that require detailed instructions to be filled in eForm are explained. Self-explanatory fields are not discussed.
|S. No/Section Name||Field Name||Instructions|
|In case eForm is being filed beyond 30 days from the date of satisfaction of charge, then the application to Central Government for condonation of delay is required to be filed in eForm CHG8 after filing this eForm and this eForm will be processed by the RoC office after filing order for approval for condonation of delay in e Form INC-28.|
|1||(a)||Corporate identity number (CIN) or foreign company registration number (FCRN) of the company||In case of Indian company, enter ‘Corporate Identity Number’ (CIN) of the company.In case of foreign company enter ‘Foreign Company Registration Number’ (FCRN).
Note: You can search for CIN/FCRN by entering existing registration number or name of the company in the ‘Find CIN’ service under the menu MCA services on the MCA website.
|Prefill Button||Click the “Pre-fill” button.In case of an Indian company, system shall automatically display the name and address of registered office of the company.In case of a Foreign company, system shall automatically display the name and address of principal place of business in India of such company.System shall also display email ID of the company and in case there is any change in the email ID, enter the new valid email ID.|
|4||(a) (i)||When the eForm is filed beyond 30 days but within 300 days from the date of satisfaction, user is required to give reasons for such delay and also duration of the delay. also required to make an application to Central Government for condonation of delay in eForm CHG-8.|
|(a) (ii)||When the eForm is filed beyond 300 days from the date of satisfaction, user is required to make an application to Central Government for condonation of delay in eForm CHG-8.|
|(b)||Please select whether you are the company or the charge holder|
|5||(a)||Whether the charge is registered in favor of asset reconstruction company (ARC) or assignee||Select whether charge is satisfied in favor of asset reconstruction company (ARC) or assignee.|
|(b)||Charge creation identification(ID) number||Enter charge creation identification number obtained either after filing eForm CHG-1 or CHG-9 for the charge to be satisfied.With effect from 22nd July, 2012, role check in respect of the authorized signatory of the banks or financial institutions has been made applicable. It shall be validated that Digital Signature Certificate (DSC) applied is actually the digital signature of the authorized person of the bank or financial institution (FI) for which the role check is applicable.In case the charge has been created or modified before DSC role check implementation for banks/ Financial institutions:
|6||(a)||Particulars of charge holder or ARC or assignee||Select the name of bank or financial institution from the displayed list of banks or FIs. Select ‘Others’ if name of bank or financial institution is not available in the list for which DSC role check is applicable.|
|In case ‘Others’ is selected:Details of charge holder or ARC or assignee will automatically be displayed.In case Form CHG-1 or CHG-9 has been filed on or after 22.07.2012;Details of charge holder or ARC or assignee will automatically be displayed.|
|(b)||Particulars of creation of original charge or subsequent modifications||Particulars relating to the charge will automatically be displayed based on the charge ID entered. In case there is any change in the particulars, then you can edit the details as displayed (except the Charge creation date). In case the amount is in foreign currency, mention details of the foreign currency.|
|7||Date of satisfaction of charge in full||Enter the date of satisfaction of charge.|
|Declaration||In case of satisfaction of charge, enter the serial number and date of board resolution where either director/ manager / company secretary / CEO / CFO is authorizing to sign an d submit the form.|
|To be digitally signed by||Designation||Select one of the option from the drop-down list –Director / Manager / Company Secretary / CEO / CFO (in case of an Indian company) or an authorized representative (in case of foreign company).|
|DSC||The eForm should be digitally signed by the following in case of satisfaction of charges –
In case of an Indian company- By director or manager or company secretary or CEO or CFO of the company authorized by the board of directors.
In case of a foreign company By an authorized representative
In case the charge is modified in favor of the asset reconstruction company (ARC) or assignee then the eForm should also be digitally signed by such ARC or assignee.
|Attachments||Letter of the charge holder stating that the amount has been satisfied is a mandatory attachment in all cases.Any other information can be provided as an optional attachment(s).|
Common Instructions to fill eForm CHG-4
|Pre-Fill||The Pre-fill button can appear more than once in an eForm. The button appears next to a field that can be automatically filled using the MCA database.Click this button to populate the field.Note: You are required to be connected to the Internet to use the Pre-fill functionality.|
|Attach||Click this document to browse and select a document that needs to be attached to the eForm. All the attachments should be scanned in pdf format. You have to click the attach button corresponding to the document you are making an attachment.In case you wish to attach any other document, please click the optional attach button.|
|Check Form||1. Click the Check Form button after, filling the eForm.System performs form level validation like checking if all mandatory fields are filled. System displays the errors and provides you an opportunity to correct errors. 2. Correct the highlighted errors.3. Click the Check Form button again and. system will perform form level validation once again. On successful validations, a message is displayed “Form level pre scrutiny is successful”.Note: The Check Form functionality does not require Internet connectivity.|
|Modify||The Modify button is enabled, after you have checked the eForm using the Check Form button.To make changes to the filled and checked form:1. Click the Modify button.2. Make the changes to the filled eForm.3. Click the Check Form button to check the eForm again.|
|Pre scrutiny||1. After checking the eForm, click the Prescrutiny button. System performs some checks and displays errors, if any.2. Correct the errors.Click the Prescrutiny button again. If there are no errors, a message is displayed “No errors found”.The Prescrutiny functionality requires Internet Connectivity.|
|Submit||This button is disabled at present.|
Part III – Important Points for Successful Submission of eForm CHG-4
The Companies (Registration of Offices and Fees) Rules, 2014
In case of Indian company having share capital
|Nominal Share Capital||Fee applicable|
|Less than 1,00,000||Rupees 200|
|1,00,000 to 4,99,999||Rupees 300|
|5,00,000 to 24,99,999||Rupees 400|
|25,00,000 to 99,99,999||Rupees 500|
|1,00,00,000 or more||Rupees 600|
In case of Indian company not having share capital
In case of foreign company
|Period of delays||Fee applicable|
|Up to 30 days||2 times of normal fees|
|More than 30 days and up to 60 days||4 times of normal fees|
|More than 60 days and up to 90 days||6 times of normal fees|
|More than 90 days and up to 180 days||10 times of normal fees|
|More than 180 days||12 times of normal fees|
Fees payable is subject to changes in pursuance of the Act or any rule or regulation made or notification issued thereunder.
The form will be processed by the office of Registrar of Companies.
On successful submission of the eForm CHG-4, SRN will be generated and shown to the user which will be used for future correspondence with MCA.
On successful submission of the eForm CHG-4, challan will be generated depicting the details of the fees paid by the user to the Ministry. It is the acknowledgement to the user that the eForm has been filed.
When an eForm is registered by the authority concerned, an acknowledgement of the same with related documents, if any is sent to the user in the form of an email to the email id of the company.
Certificate of satisfaction of charge is generated after the eForm is registered with the authority concerned and sent to the user as an attachment to the email id of the company.
The Companies (Fee for filings with Registrar of Companies) Rules, 2014
Fee in case of company have share capital
|Nominal Share Capital||In case of company other than OPC or Small company||In case of OPC or Small Company|
|Less than 1,00,000||Rupees 200||Rupees 100|
|1,00,000 to 4,99,999||Rupees 400||Rupees 200|
|5,00,000 to 24,99,999||Rupees 600||Rupees 300|
|25,00,000 or more||Rupees 1,000||Rupees 500|
Note: In case any ‘Small company’ or ‘One Person Company’ gets converted into any other class within one year from its incorporation, the exemptions given above shall be repaid at the time of conversion
Fee in case of company not having share capital
|In case of company other than OPC or Small company||In case of OPC or Small Company|
|Rupees 500||Rupees 300|
|Period of delays||Form CHG-4|
|Up to 30 days||3 times of normal fees|
|More than 30 days and up to 60 days||6 times of normal fees|
|More than 60 days and up to 120 days||9 times of normal fees|
|More than 120 days and less than 180 days||12 times of normal fees|
|More than 180 days but equal 270 days||20 times of normal fees|
|More than 270 days||30 times of normal fees|