E-Forms For The Creation, Modification, Satisfaction of Fixed And Floating Charge As Per The Provisions of Companies Act 2013 And Mandatory Attachments (E-Form CHG-1,E-Form CHG-4, E-Form CHG-6, E-Form CHG-6).
Page Contents
- E-Form CHG-1– Application for registration of creation, modification of charge (other than those related to debentures)
- E-Form CHG-4– Particulars for satisfaction of charge thereof
- E-Form CHG-6– Notice of appointment or cessation of receiver or manager
- E-Form CHG-9– 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
E-Form CHG-1 is required to be filed pursuant to Section 77, 78 and 79 and Section 384 and Rule 3(1) of the Companies Rules, 2014.This form is filled within thirty days of creation of charge.
All the companies whether public or private are required to file particulars for registration of charges created or modified within specified period to concerned Registrar of Companies. The charge can be created on various types of assets situated in or outside India and may be created in favour of lenders such as Banks or financial institutions. Every charge that is created or modified by the company is required to be filed in eForm CHG-1 to concerned RoC in case of Indian Company and RoC, Delhi in case of a foreign company.
Mandatory attachments with E-form CHG-1
- Instrument(s) of creation or modification of
- Instrument(s) evidencing ………. which is already subject to charge ……………such acquisitions, in case if there is any acquisition of property which is already subjected to
- Particulars of all joint charge holders, if number of charge holder is more than
E-Form CHG-4– Particulars for satisfaction of charge thereof
E-Form 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. This form is filled within thirty days of satisfaction of charge. 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.
Mandatory attachments with E-form CHG-4
- Letter of the charge holder stating that the amount has been satisfied is a mandatory attachment in all
- Any other information can be provided as an optional attachment(s).
E-Form CHG-6– Notice of appointment or cessation of receiver or manager
E-Form 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.It is filled Within 30 Days of date of appointment or cessation. 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.
Mandatory attachments with E-form CHG-6
- In case the appointment of receiver/manager is pursuant to an instrument then attach a copy of instrument.
- In case the appointment of receiver/manager is in pursuant to a court order then attach a copy of court
- List of specified property of the company in case the appointment relates to specified property of the company
- List of specified property of the company in case the appointment relates to income arising from specified property of the
E-Form CHG-9– 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
E-Form CHG-9 is required to be filed pursuant to Sections 71(3), 77, 78 & 79 and Section 384 of the Companies Act, 2013 and Rule 3 of Companies (Registration of Charges) Rules, 2014.This E-form will be filled Within 30 days of date of Creation/Modification of Charge. All the companies are required to file particulars for registration of charges created or modified for the purpose of securing debentures or rectification of particulars filed in respect of creation or modification of charge on debentures within specified period to concerned Registrar of Companies. Every charge that is created or modified by the company is required to be filed in eForm CHG-9 to concerned RoC. E-Form CHG-9 can also be filed by the company or any person interested in charge for rectifying any omission or misstatement done in any previous filing.
Mandatory attachments with E-form CHG-9
- Certified true copy of resolution authorizing the issue of the debenture series is a mandatory in case of creation of
- Instrument containing details of the charge created or modified is mandatory in all
- Order of the Central Government is mandatory in case eForm is being filed for rectification of charges.
Disclaimer: The Article Is Based On The Relevant Provisions And As Per The Information Existing At The Time Of The Preparation. In No Event I Shall Be Liable For Any Direct And Indirect Result From This Article. This Is Only A Knowledge Sharing Initiative. The Author Can Be Reached At Vinayak.Charu@Gmail.Com
Can Company file Form CHG-4 after 30 days?
No, CHG-4 should be filed within 30 days. If delayed then apply for fresh letter from concerned bank and file CHG-4 accordingly with in 30 days from new date.
No,CHG-4 should be filed with in 30 days from the date of satisfaction of charge. If delayed then apply for fresh letter of satisfaction from concerned bank and file CHG-4 from new date with in 30 days.