Registration of charge
This query is : Resolved
07 July 2010
In my old Query I forget to ask one more thing which is:-
which company have to register the charge at ROC, the company who is taking the loan or the company whose assets are on mortgage?
which company have to register the charge at ROC, the company who is taking the loan or the company whose assets are on mortgage?
07 July 2010
Section 125(3) provides the charges on which the reg. of charges hasto be created are :1.a charge for the purpose of securing any issue of debentures.2.a charge on the uncalled share capital of the company 3.a charge on any immovable property 4.a charge on any book debts of the company.5.a charge not being a pledge on any movable property of the company.6. a floating charge on the undertaking or any property of the co.7.a charge on calls made bur not paid.8.a charge on a ship or any share in a ship.9.a charge on goodwill/patent/licence.
07 July 2010
"company who is taking the loan or the company whose assets are on mortgage?"
Company will take loan against mortgage so company taking the loan and company whose assets are on mortgage are same.
Company taking the loan against mortgage is required to regiter the charges with ROC in form 8.
Charges requiring registration :
A company must file within 30 days of creation of a charge with the Registrar complete details of the charge together with the instrument of charge or its verified copy in respect of certain charges. Otherwise the charge will be void. This does not mean that the creditors cannot recover their dues. It merely means that the benefit of the charged security will not be available to them. The following charges are compulsorily registrable u/s 125(4):-
1.
A charge for the purpose of securing any issue of any debentures
2.
A floating charge
3.
A charge on uncalled share capital
4.
Charge on calls made but not paid
5.
A charge on any immovable property
6.
A charge on ship
7.
A charge on book debts of the company
8.
A charge on goodwill or on patent or on license under the patent or on trademark or copyright or on the license under the copyright
9.
A charge other than a pledge on any movable property of the company.
Company will take loan against mortgage so company taking the loan and company whose assets are on mortgage are same.
Company taking the loan against mortgage is required to regiter the charges with ROC in form 8.
Charges requiring registration :
A company must file within 30 days of creation of a charge with the Registrar complete details of the charge together with the instrument of charge or its verified copy in respect of certain charges. Otherwise the charge will be void. This does not mean that the creditors cannot recover their dues. It merely means that the benefit of the charged security will not be available to them. The following charges are compulsorily registrable u/s 125(4):-
1.
A charge for the purpose of securing any issue of any debentures
2.
A floating charge
3.
A charge on uncalled share capital
4.
Charge on calls made but not paid
5.
A charge on any immovable property
6.
A charge on ship
7.
A charge on book debts of the company
8.
A charge on goodwill or on patent or on license under the patent or on trademark or copyright or on the license under the copyright
9.
A charge other than a pledge on any movable property of the company.
07 July 2010
https://www.caclubindia.com/forum/files/14_provisions_related_to_charge.pdf
Please visit above link and download file for any further details.
Please visit above link and download file for any further details.
08 July 2010
Company which is borrowing is liable to get the charge registered with ROC through filing of form-8 as desired by section-134(1).
Thanks
Thanks
Message likes :
1 times
08 July 2010
Thanks for the gesture !!!
One more thing if company A is providing its assets in favour of company B which is borrowing company then such transaction must be supported by a board resolution of company A.
Regards
One more thing if company A is providing its assets in favour of company B which is borrowing company then such transaction must be supported by a board resolution of company A.
Regards
08 July 2010
Check your PM inbox !!!
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Taxable or Tax exempt
- CAPITAL GAIN BASE ON NOTIFICATION
- Form 140 tds
- TDS Deducted AY-2013-14 Not Reflected in 26as
- ADVANCE PAYMENT OF ADVOCATE
- FAST-DS 2026 Under Tax Law - No recourse or support for person declaring via this scheme?
- Demand Outstanding AY 2013-14 TDS Deducted not shown in 26as
- NRI starting business in India
- GST rate and HSN code for sale of racing horses
- Filling ITR - U
- Tally: Imported bank entries do not show up in manual reconciliation
- Sales of goods of amount Rs97 lakhs to a party
- Confused About My Career After 12th — Cyber Security, AI or Finance? Need Guidance
- STATUTORY AUDIT OF A SMALL PRIVATE COMPANY INCORPORATED ON 28.03.2025
- Guidance Needed: Linking Multiple Form 26QB Payments and Responding to ITD Defaulter Notice
- How to pay remaining amount of TDS after due date?
- Resigning a auditor from the company for misconduct
- RCM @ 5% on Hamali charges, Transport Charges, Unloading charges we take ITC or not
- CALCULATION OF DEFFERED TAX - OP BL IS DTL & CURRET IT DTA
- LLP audit under companies act
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
