Part I – Law(s) Governing the eForm CHG-6
Section and Rule Number(s)
eForm CHG-6 is required to be filed pursuant to section 84(1), 384 of the Companies Act, 2013 and Rule 9(1) of Companies (Registration of Charges) Rules, 2014 which are reproduced for your reference:
Section 84:
(1) If any person obtains an order for the appointment of a receiver of, or of a person to manage, the property, subject to a charge, of a company or if any person appoints such receiver or person under any power contained in any instrument, he shall, within a period of thirty days from the date of the passing of the order or of the making of the appointment, give notice of such appointment to the company and the Registrar along with a copy of the order or instrument and the Registrar shall, on payment of the prescribed fees, register particulars of the receiver, person or instrument in the register of charges.
Section 384:
- The provisions of section 71 shall apply mutatis mutandis to a foreign company.
- The provisions of section 92 shall, subject to such exceptions, modifications and adaptations as may be made therein
- The provisions of section 128 shall apply to a foreign company to the extent of requiring it to keep at its principal place of business in India, the books of account referred to in that section, with respect to monies received and spent, sales and purchases made, and assets and liabilities, in the course of or in relation to its business in India.
- The provisions of Chapter VI shall apply mutatis mutandis to charges on properties which are created or acquired by any foreign company.
- The provisions of Chapter XIV shall apply mutatis mutandis to the Indian business of a foreign company as they apply to a company incorporated in India.
Rule 9:
For the purposes of sub-section (1) of section 84, 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.
Purpose of the eForm CHG-6
Where any person obtains an order of the Court for appointment of any receiver or manager of the property of any company, subject to a charge or appoints such person or receiver under the power of any instrument, shall notify the RoC in eForm CHG-6 within 30 days of such order/appointment. The person appointed as receiver or manager shall also notify the RoC in eForm CHG-6 about the cessation of such appointment within 30 days of such cessation.
eForm Number as per Companies Act, 1956 Form 15 of the Companies Act, 1956.
Part II – Instructions to fill the eForm CHG-6
Specific Instructions to fill the eForm CHG-6 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 | |
| 1 | (a) | Corporate identity number (CIN)
or foreign company registration number (FCRN) of the company |
Enter the corporate identity number (CIN) in case of an Indian company and enter the Foreign company registration number (FCRN) in case of a foreign company. Please make sure that CIN or FCRN entered is valid CIN or FCRN respectively. |
|
|
You may find CIN/FCRN by entering existing registration number or name of the company in the ‘Find CIN’ service available 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. |
||
| 3
|
(a) &
() |
Details about Notice | Select the option in notice being filed by and type of notice.
Notice for appointment of receiver or manager is required to be filed by person having such power under the order of the court or any instrument and notice for cessation of such appointment can be filed by person himself who is appointed as receiver or manager. |
| 4
|
(a) to (f) | Particulars of receiver or manager | Enter the particulars of the receiver or manager. Enter income tax PAN number, name and present residential address of the receiver or manager.
In case of cessation – Enter the income tax permanent account number of receiver or manager and click ‘Pre-fill’ button, name and address will automatically be displayed. |
| 5
& 6 |
Date of appointment and cessation | Enter the date of appointment and date of cessation | |
| 8
|
(a) & (a) | Number of charges Pursuance to an order of court | Enter the number of charges.
In case appointment or cessation is in pursuance to an order of the court, then enter the court reference, date of court order and the charge ID and also the |
|
|
details whether appointment relates to the whole of the property or income arising out of whole of such property of the company. | ||
| (c) | Pursuance to any instrument | In case of appointment or cessation is in pursuance to an instrument, then enter the details describing the instrument, date of instrument and Charge ID | |
| Declaration | Declaration is required to be given by the person filing the notice of such appointment or cessation stating that all information furnished is true, complete and correct. | ||
| To be digitally signed by |
DSC | Ensure the eForm is digitally signed by the person appointing receiver or manager in case of
appointment and by receiver or manager himself in case of such cessation. |
|
| PAN
|
Enter a valid income tax PAN of the person signing the eForm. | ||
| Attachments |
Any other information can be provided as an optional attachment(s). |
||
Common Instructions to fill eForm
| Buttons | Particulars |
| 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-6
Fee Rules
| S. No | Purpose of the
form |
Normal Fee | Addi-tional Fee (Delay Fee) |
Logic for Additional Fees | Remarks | |
| Event Date | Time
limit(days) for filing |
|||||
| 1. | Notice of appointment or cessation of receiver or manager | The Companies (Fee for filings with Registrar of Companies) Rules, 2014-Annexure A
|
Date of appointment | 30 Days | – | |
| 2 | Notice of cessation receiver or
manager |
The Companies (Fee for filings with Registrar of Companies) Rules, 2014- Annexure A | Date of
cessation |
30 Days | – | |
Fees payable is subject to changes in pursuance of the Act or any rule or regulation made or notification issued thereunder.
Processing Type
The eForm will be processed by the office of Registrar of companies.
SRN Generation
On successful submission of the eForm CHG-6, SRN will be generated and shown to the user which will be used for future correspondence with MCA.
Challan Generation
On successful submission of the eForm CHG-6, 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 completely processed by the authority concerned, an acknowledgement of the same is sent to the user in the form of an email to the email id of the company.
