Summary: Companies creating charges on their assets, whether in India or abroad, must file Form CHG-1 with the Registrar of Companies (ROC) within 30 days of charge creation. Filing fees are determined by the company’s authorized share capital, ranging from ₹200 for capital under ₹1 lakh to ₹600 for capital over ₹10 crores, as per the Companies (Registration of Offices and Fees) Rules, 2014. If filing is delayed beyond 30 days, additional fees apply. For filings between 31 and 60 days, small companies and OPCs pay three times the normal fee, while other companies pay six times. Beyond 60 days but within 90 days, an ad valorem fee of 0.025% (small companies/OPCs) or 0.05% (other companies) of the secured amount is charged, subject to maximum limits of ₹1 lakh and ₹5 lakhs, respectively, in addition to earlier fees. Companies failing to file CHG-1 within 120 days from the charge creation date lose the opportunity for filing as no condonation of delay is allowed. The same timelines apply to charge modifications.
In this article we are going to look into the time limit to File CHG-1 with ROC and fees payable .
Every Company Creating charge on its assets whether in India or outside must register same with Concerned ROC within 30 days of creating of charge along with normal fees calculated on the basis of Authorized Share Capital of the company.
The fees payable by the Company as per The Companies (Registration of offices and Fees) Rules, 2014 in this case will be:
Authorized Share Capital | Normal Fees |
Less than 100000 | Rs. 200 |
100000 to 499999 | Rs. 300 |
500000 to 2499999 | Rs. 400 |
2500000 to 9999999 | Rs. 500 |
10000000 | Rs. 600 |
In case company fails to register its charges within 30 days of creating of charges, it may do so in next 30 days by making payment of additional fees from 31st day, the details of which are as under:
Additional Fees rules
From 31st day up to 60 day from date of creation document:
Small Company & OPC | Other than Small Company & OPC |
3 Times of normal fees | 6 times of normal fees |
In case Company fails to file CHG-1 with ROC within 60 days from date of Creation of Charge, it may file same in next 60 days after expiry of 60 days from date of creation of charge by payment of advalorem fees in addition with normal & additional fees. In this case Fees Calculation will be as mentioned below.
More than 60 days & upto 90 days
Small Company & OPC | Other than Small Company & OPC |
In addition to (A) & (B)
An advalorem fees of 0.025 % of amount secured by the charge subject to maximum of 1 lakhs |
In addition to (A) & (B)
An advalorem fees of 0.05 % of amount secured by the charge subject to maximum of 5 lakhs |
Note: In case Company fails to file CHG-1 with the ROC within 120 days from Creation of Charge with ROC, then there is no provision for condonation of delay for same and company will not be allowed to file same.
The timelimit for modification of charges will be same as applicable in case of Creation of charges.