Regarding form 8?

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Ankit sehra (Querist)

20 December 2013 Dear Experts,

Please tell me
What is Form 8 and its used?

Whether a CA Can file form 8 on Behalf of Client?

process of filling Form 8?

If somebody not filed form 8 with nin 90-100 days , what is consequences and its solution?

please suggest
Thanks in Advance

Ganeshbabu K

Ganeshbabu K (Expert)

20 December 2013 1) ‘charge’ includes a mortgage and it should be filed whether it is created inside or outside India and relates to property situated either inside or outside India [Section 124]

Check as to whether your charges fall under any one of the following categories :

Refer sec.125(4)(a) to (h)

In case the charge falls under any of the categories above, then file particulars of the charge with the concerned (ROC) within 30 days of making the charge in [E-form no 8] with the following attachments.

(i)Copy of the instrument creating charges.

(ii)Other optional attachments as required. (resolution)

2)e-form is required to be digitally signed by the authorised signatory of the banker along with the authorised signatory of the company (Managing Director or director or secretary) and certified by PCS or PCA.

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Ganeshbabu K

Ganeshbabu K (Expert)

20 December 2013 3)If due to unavoidable circumstances, it is not possible to file the particulars of the charge within 30 days, then file it latest within 60 days of creating the charge after satisfying the ROC the reason for delay, and after payment of such additional fee for not exceeding ten times the amount of fee specified in [Schedule X] as the ROC may determine.

4)IF DELAY EXCEEDS 60 DAYS YOU HAVE TO FILE CONDONATION OF DELAY PETITION BEFOERE CLB/RD U/S 141[ YOU BETTER TAKE HELP OF SOME PRACTISING COMPANY SECRETARY TO HANDLE THIS CASE]

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