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Creation / Modification of Charge

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Ashmita (Querist)

10 September 2009 If there is Company 'A' and Company 'B'. Debentures are issued by 'A' but the property of 'B'is mortgaged for 'A'. So in this case which Co. should file eForm 10 whether 'A' or 'B' and if 'B' is to file eForm 10 and 'B' also wants to issue debenture and mortgage same property then 'B' has to file eform 10 for creation / modification of charge

CS Vivek Hegde

CS Vivek Hegde (Expert)

11 September 2009 Dear Ashmita

Kindly appreciate there is no form called Form 10. It is Form 8.

I think company 'B' has to file Form 8 since the charge is on its property.

rgds

Ashmita

Ashmita (Querist)

14 September 2009 Form 10 is for filing Particulars for registration of charges for Debenture and Form 8 is for filing Particulars for creation or modification of charges(other than those related to debentures)and in my eg. Co. 'A' and Co. 'B' are issuing debenture so Form 10 needs to be filed but by which Co. is a question...

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