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FILING OF CHG FORM WITH ROC

09 May 2022

What are the conditions under which the charge form is required to be filed? If a Pvt. Ltd. company is taking Bank Guarantee with F.D. lien is it required to file the charge form ? pls advise.

Thank you in advance.

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6 Replies

Chirag (Professional) (1979 Points)
Replied 09 May 2022

Yes ,It's Required ...Any Charge which is created on the asset of the company,whether situated in India or out of India required registration with ROC to get Charge ID , wef 2/11/2018 timelines have been reduced from 30+270 days to 30+90 days ,else one has to resort application to Central Govt ( Power delegated to RD)..

Erstwhile 1956 act specifically excluded Pledge ,Lien etc from charge but it's not a case under co act

kush Yadav (2 Points)
Replied 10 May 2022

Company sa related kuch bat

Private Taj (Accountant ) (28 Points)
Replied 17 June 2022

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Private Taj (Accountant ) (28 Points)
Replied 17 June 2022

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Jatin Bajaj (CS) (2928 Points)
Replied 26 July 2023

Yes, the Charge would be created as per the Companies Act 2013. As per section 77 of the Companies Act 2013, a charge is created on each and every asset of the Company. Deposit of fixed deposit with the bank by way of security of a loan is a pledge of movable property and hence charge is required to be created.

Form CHG 1 is required to be filled within 30 days of the creation of the charge and within the next 30 days with late filling fees and with ad volerem fees .