company law - Registration of charge

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This query is : Resolved

J.PRATHAP (Querist)

22 December 2008 Creation of charge has to be registered with ROC within 30days.
permission of Company Law board is not necessary if it is registered within 7 days from the end of the 30days period.
The ROC can accept the registration within 30days immediately after the initial 30days period if, they are satisfied with the reply given by the co. for the delay.
1. My doubt is, if there is a delay in registration by 40 days, does it need to get permission from the Company Law Board.
2. Does, it is not possible to register the charge after 60 days from the date of creation?
3. What will be the procedure if a Registration of charge is delayed by 35days, 38 days, 65days and 70 days?

CS Arpita Rajpurohit

CS Arpita Rajpurohit (Expert)

23 December 2008 ROC can condone delay upto 30days.ie. 30
+30 days ROC has the power. but once 60days frm creation of charge r passed, u need to make a CLB petition.

CS Vivek Hegde

CS Vivek Hegde (Expert)

23 December 2008 Agree with Ms Arpita. The period which was extended for 300 days has now been removed from march 2008. They(MCA) come to the earlier stand.

vivek

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