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.
FAQs on Filing Form CHG-1 with ROC
Q.1 What is the time limit for filing Form CHG-1 with the Registrar of Companies (ROC)?
Ans. A company must file Form CHG-1 with the ROC within 30 days from the date of creation of the charge, along with the prescribed normal filing fees.
Q.2 How are the normal filing fees for Form CHG-1 determined?
Ans. The normal filing fee depends on the company’s authorised share capital. It ranges from ₹200 for companies with authorised share capital below ₹1 lakh to ₹600 for companies having authorised share capital of ₹1 crore and above, as prescribed under the Companies (Registration of Offices and Fees) Rules, 2014.
Q.3 What additional fees are payable if Form CHG-1 is filed after 30 days?
Ans. If Form CHG-1 is filed between 31 and 60 days from the date of charge creation, Small Companies and One Person Companies (OPCs) must pay three times the normal filing fee, while other companies must pay six times the normal filing fee.
Q.4 What happens if Form CHG-1 is filed after 60 days from the creation of the charge?
Ans. For filings made after 60 days but within the permitted period, companies must pay the normal filing fee, applicable additional fee, and an ad valorem fee. Small Companies and OPCs are required to pay 0.025% of the amount secured by the charge, subject to a maximum of ₹1 lakh, whereas other companies must pay 0.05%, subject to a maximum of ₹5 lakhs.
Q.5 Can a company file Form CHG-1 after 120 days from the date of creation of the charge?
Ans. No. If Form CHG-1 is not filed within 120 days from the date of creation of the charge, there is no provision for condonation of delay, and the company cannot file the form thereafter. The same time limits also apply to the modification of charges.
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.
