Form 8-companies act

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

06 December 2012 Dear Expert,

Could any one help me out from following..

1) What is Form 8 of Companies Act
2) Who has to submit the same to ROC
3) We have taken loan from financier against DG set. what is the liability from my side now.

Regards

Ajay Mishra

Ajay Mishra (Expert)
Follow

06 December 2012 Hi

Form-8 is

1. A Form required to be filed with ROC with in 30 days from the creation of charge or modification of earlier charge filed.
2. It will be filed by the company or by the bank or other arty on behalf of the company.

3. Read Form-8 and instruction kit of Form-8 for the same.

Message likes : 1 times

Querist : Anonymous

Querist : Anonymous (Querist)

06 December 2012 Thanks you so much..

I f you have could you share me the Form Instruction kit..

Ajay Mishra

Ajay Mishra (Expert)
Follow

06 December 2012 Hi

Time-limit for filing of e-Form 8 & 10
E-Form 8 with complete requirement must be filed within a period of thirty days from the date of creation or modification of charge on online basis with the RoC.
The particulars of charges in connection with issue of debentures of a series shall be filed with Registrar of Companies in Form 10, along with copy of instrument creating the charge and with the required filing fees as per Schedule X to the Companies Act, 1956, within a period of thirty days after the execution of deed containing the charge or if there is no such deed, after the execution of any debentures of the series.
The concerned RoC may allow filing requisite particulars within a period of thirty days next following the expiry of initial thirty days after the date of creation or modification of charge subject to payment of such additional fee not exceeding ten times the amount of fee specified in Schedule X of the Companies Act. However, it is expected that only one time additional filing fee shall be charged by the computer as penalty.

Ajay Mishra

Ajay Mishra (Expert)
Follow

06 December 2012
Responsibility for filing particulars for registration of charge

It shall be the duty of a company to file with the Registrar, for registration, the particulars of every charge created by the company, and of every issue of debentures of a series, requiring registration under Part V of the Companies Act.

Particulars for registration of any charge may also be filed by any person interested therein. In this connection, it may be noted that section 134(2) provides that where registration is affected on the application of some person other than the company, that person shall be entitled to recover from the company, the amount of any fees properly paid by him to the Registrar.

If particulars of charge have been sent and Registrar conveys an objection, charge is deemed to have been registered, though they have not in fact been registered. [State Bank of India v Depro Foods Ltd. (1988) 64 Comp Cas 375 (P&H)].

Ajay Mishra

Ajay Mishra (Expert)
Follow

06 December 2012
It has been decided by the Supreme Court in the case of Indian Bank v Official Liquidator, Chemmeens Exports (P) Ltd. (1998) 29 CLA 425, that section 125 applies only to a charge created by a company and not to a charge arising by operation of law, e.g., where a charge is created by an order or decree of the Court.

Message likes : 1 times

Ajay Mishra

Ajay Mishra (Expert)
Follow

06 December 2012 Charges requiring Registration

As per section 125(4), the following kinds of charges are mandatory and these charges needs to be registered with the Registrar of Companies in Form-8:—
(a) A charge for the purpose of securing issue of debentures;
(b) A charge on uncalled share capital;
(c) A charge on the immovable property, wherever situated, or any interest therein;
(d) A charge on any book debts;
(e) A charge, not being a pledge, on any movable property;
(f) A floating charge on the undertaking or any property of the company including stock-in-trade;
(g) A charge on calls made but not paid. Section 14 of the Banking Regulation Act, 1949 debars a bank from creating a charge on any unpaid capital;
(h) A charge on a ship or any share in a ship;
(i) A charge on a goodwill, patent or on a license under a patent or on a trademark or on a copyright or license under a copyright.

Message likes : 1 times

Querist : Anonymous

Querist : Anonymous (Querist)

08 December 2012 Very useful info..

Thanks you so much

Ajay Mishra

Ajay Mishra (Expert)
Follow

10 December 2012 My Pleasure........................

Message likes : 1 times

You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now

Similar Resolved Queries

Unanswered Queries

Popular
Recent

Trending Online Classes

Direct Tax Laws & International Taxation May 26,Sept 26 & Jan 27

CA Arvind Tuli

Enroll Now
Audit Fast Track Recorded Batch For May 26,Sept 26 & Jan 27

CA Aarti Lahoti

Enroll Now
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English

CA Bhanwar Borana & CA Shubham Keswani

Enroll Now

view all classess

Meet our CAclubindia PRO Members

RADHAKRISHNAN A R

madhuseshu yathirajam

Ashif Cheenikkal

SHRI HARIRAO

J.Vijai

Subscribe Now

Form 8-companies act

Similar Resolved Queries

Trending Online Classes

Meet our CAclubindia PRO Members

Quick Links

Browse by Category

Latest Job Openings

Senior Executive

CA Final

Accountant

GST CONSULTANT

Manager- Finance and Compliance

GST CONSULTANCY