Dear Experts,
If there is delay beyond 30 days but within 300 days for filing of Form CHG 1 then as per the provisions of Section 77 read with Rule 4 of the Ch. VI, we need to file application for delay in Form CHG 10. However, no format has been provided either in Rule or anywhere.
Whether any Member has filed it OR is it not required to be filed ?
Further that reason of delay is also required to be mentioned in Form CHG 1 hence, can any Member would help me what should we write therein ?
according to section 77 of the companies act 2013 , if the form chg 1 is not filled within 30 days from the date of creation or modification of charge then form chg 1 shall be submitted by the company within the period of (270+30 days) along with the following attachments
a certified true copy of instrument evedencing creation or modification of charge
application for delay of modification of charge in form chg 10 and it shall be supported by the declaration signed by the Company secretary or director that such belated filing does not adversely affect the rights of any other creditors of the company and form chg 1 was filed late because of inadvertence nd with no maladafide intention.
CAclubindia
