20 December 2012
Please let me know the time permitted for registration of charges with ROC and the time permitted to register with penalty and the amount of penalty. Also let me nnwhen e have t apyfor CLB for condonation? i.e., beyond which days we have to apply to CLB for condonation for the delay in filing Form8?
20 December 2012
The eform 8 should be filed within 30 days of creation of charge. This return should be filed nothwithstanding the further proceedings required to make the charge valid or effective according to the law of the country in which the property is situated. Extension of time The e-form shall be filed within 30 days of creation of charge. Registrar has powers to extend the time by another 30 days on payment of standardised additional filing fee. Further extension shall have to be obtained from Company Law Board Fine is rs upto 5000
28 December 2012
Further to your above reply, please refer Government of India Minitsry of Corporate Affairs, New Delhi letter General Circular No.51/2011, F.No.1/1/2003 CLV dtaed 25-07-2011, wherein it is stated that as part of simplifying the procedure for rectification of registration of charges under Section 141 of the companies Act,1856, it has been decided to delegate the work to Registrar of Compnaies in respect of petitions filed with Company Law Board. In the light of the above, please let us know whether any condonation for delay in filing Form 8 can now be dealt with by respective Registrar of Companies?
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