Delay in filing of form-8

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sweet chandana (Querist)
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16 April 2013 Good Evening Experts... We have created Charge on immovable property on 22/11/2012 and filed FORM-8 on 08/01/2013 with normal fee.As there was delay in filing form 8, is there any necessity for filing Petition to CLB? Please tel me the procedural steps to be followed. Thanks & Regards Chandana

Ajay Mishra

Ajay Mishra (Expert)
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17 April 2013 Hi

If a charge created by the company falls within any of the classes as specified in section 125 (4), its particulars shall be filed with the Registrar of Companies Act, 1956 within 30 days of creation of charge. If particulars of charge could not be filed within 30 days, the ROC has power to extend the said period by 30 more days subject to payment of additional filing fee by the Company.

In your case, Your Form should be filed with in 21/12/2012 with normal fee and with in 20/01/2013 with additional fee of Rs. 1000 if your normal fee is Rs. 500.

After that if you are filing Form-8, you will face compounding for not filing of Form-8 in time.

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sweet chandana

sweet chandana (Querist)
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17 April 2013 Sir,
if i check the transaction status in MCA21 Site I found that form 21 filing is pending.Why should we file form 21?

Ajay Mishra

Ajay Mishra (Expert)
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17 April 2013 when you have filed Form-8 with ROC.

sweet chandana

sweet chandana (Querist)
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17 April 2013 On 08/01/2013 WITH NORMAL FEE

Ajay Mishra

Ajay Mishra (Expert)
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17 April 2013 You are confusing me, If you have filed Form-8 with additional payment to ROC then why the Form-21 is required by MCA.

Form-21 is required when you not filed Form-8 in time with ROC. Then you will go for compounding with CLB. The CLB order will be attached with Form-21 regarding condonation of delay filing of Form-8.

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sweet chandana

sweet chandana (Querist)
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17 April 2013 Sir,
We have filed form 8 on 08/01/2013, in G.A.R 7 challan, the note is shown as delay filing of 31 days,and requested us to approach the CLB for condonation of delay. EVEN THOUGH the date is with in 20/01/2013 why did they ask for filing of form 21?

Ajay Mishra

Ajay Mishra (Expert)
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18 April 2013 Hi

Please check, i think, their is some mistake in Filing of Form-8, I will suggest you to contact ROC official to resolve the same.

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sweet chandana

sweet chandana (Querist)
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18 April 2013 Sir,
For calculating the due date for filing of form 8, what date should we consider?
i)LOAN AGREEMENT DATE or
ii)Hypothecation Agreement Date or
iii)Title deeds of immovable property deposited date or
iv)Loan sanction date
Please reply at ur early.

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