Charge Creation
This query is : Resolved
25 January 2011
Dear Expert,
How to file petition. Is there any format and what is the fee?
How to file petition. Is there any format and what is the fee?
udit sharma
(Expert)
25 January 2011
Hi..
As per section 125 of the Companies Act, 1956 particulars of the charge created together with the copy of the instrument creating the charge has to be furnished in prescribed Form 8 to the ROC within 30 days from the date of creation of chargei.e. the date of execution of documents. ROC has the power to condone the delay for a further period of 30 days on payment of additional filing fees.
Aby further delay can be condoned only by Company Law Board. Hence, a petition u/s 141 of the Companies Act, 1956 has to be filed before the Regional bench of the Company Law Board.
Once a certified true copy of the CLB Order has been filed with ROC in form 21, only then u can upload Form 8.
God Bless
CS Udit Sharma
As per section 125 of the Companies Act, 1956 particulars of the charge created together with the copy of the instrument creating the charge has to be furnished in prescribed Form 8 to the ROC within 30 days from the date of creation of chargei.e. the date of execution of documents. ROC has the power to condone the delay for a further period of 30 days on payment of additional filing fees.
Aby further delay can be condoned only by Company Law Board. Hence, a petition u/s 141 of the Companies Act, 1956 has to be filed before the Regional bench of the Company Law Board.
Once a certified true copy of the CLB Order has been filed with ROC in form 21, only then u can upload Form 8.
God Bless
CS Udit Sharma
Jayashree S Iyer
(Expert)
25 January 2011
As clarified by Udit, you have to make a petition to CLB for condonation of delay u/s.141. On getting CLB orders condoning the delay, file the same with ROC in Form 21 and then file Form 8.
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