23 July 2025
Great question! Here’s a clear distinction between the two:
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### 1. **Forms uploaded to SARFAESI**
* These forms relate to the **SARFAESI Act (Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002)**. * The SARFAESI forms are typically filed by **banks and financial institutions** when they initiate **recovery proceedings** against borrowers for secured debts. * These forms/documents are used to **notify the borrower, register the security interest, or take possession of secured assets**. * Examples include: Notice of possession, declaration of security interest, and other statutory forms prescribed under SARFAESI rules.
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### 2. **Form 8 filed at ROC**
* **Form 8** is a **mandatory annual return** that companies registered under the Companies Act file with the **Registrar of Companies (ROC)**. * It contains details like **shareholding pattern, changes in share capital, members’ details, and other company particulars**. * Form 8 has **nothing to do with SARFAESI or asset recovery**; it is related to **corporate compliance and filings**. * It is submitted **annually** to ensure the company’s records with ROC are up to date.
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### Summary:
| Aspect | SARFAESI Forms | Form 8 (ROC) | | ------------------- | --------------------------------------------- | ---------------------------------------- | | Purpose | Recovery of secured assets under SARFAESI Act | Annual return for company to ROC | | Filed by | Banks / Financial Institutions | Companies registered under Companies Act | | Related to | Security interest, asset possession | Shareholding, company details | | Authority concerned | SARFAESI / Debt Recovery Tribunal | Registrar of Companies (ROC) | | Frequency | As per recovery proceedings | Annually |
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If you want, I can help you with sample SARFAESI forms or details on how to file Form 8 at ROC!
CAclubindia
