Relaxation on filing Forms CHG-1, CHG-9

CS Tanveer Singh Saluja | Last updated: 02 July 2021

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The Ministry of Corporate Affairs (MCA) has extended deadlines for filing Forms CHG-1 and CHG-9 through General Circular No. 12/2021. This relaxation applies to charges created or modified before April 1, 2021, where the filing timeline hadn't expired by that date. The period between April 1, 2021, and July 31, 2021, is not counted for calculating late fees, with August 1, 2021, becoming the new reckoning date if filing extends beyond July 31, 2021. Similar provisions apply for charges created or modified between April 1, 2021, and July 31, 2021.

The MCA vide General Circular No. 12/2021 dtd. 30^th June, 2021, has amended its General Circular No. 07/2021 dtd. 3^rd May, 2021 by substituting the dates (wherever it appears) as follows:

Original date	Substituted date
31.05.2021	31.07.2021
01.06.2021	01.08.2021

Accordingly, the updated circular stands as follows:

Applicability

Relaxation of time

Fees

Date of creation/ modification of charge is before 01.04.2021 but the timeline for filing such form is unexpired under section 77 of the Companies Act, 2013 as on 01.04.2021.

In this case, the period beginning from 01.04.2021 and ending on 31.07.2021 shall not be reckoned for the purpose of counting of number of days. In case the form is not filed within this period then the first day after 31.03.2021 shall be reckoned as 01.08.2021.

Form is filed on or before 31.07.2021: Fees payable as on 31.03.2021.

If filed thereafter: Applicable fees shall be charged after adding number of days beginning from 01.08.2021 & ending on date of filing plus the time period lapsed from date of creation till 31.03.2021.

Date of creation/ modification of charge falls on any day between 01.04.2021 to 31.07.2021 (both dates inclusive).

In this case, the period beginning from date of creation/ modification to 31.07.2021 shall not be reckoned for the purpose of counting of number of days. In case the form is not filed within this period then the first day after the date of creation/ modification shall be reckoned as 01.08.2021.

Form is filed before 31.07.2021: Normal fees.

If filed thereafter: The first day after creation/ modification shall be reckoned as 01.08.2021 and the number of days till the date of filing of form shall be counted accordingly for the purpose of fees.

NOTE: This Circular is not applicable to: