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Condonation for charge delay

30 November 2017

Can anyone tell me the latest procedure for condonation for delay in charge registration as some talks about filling of RD-2 form and some collagues talks aout CHG-8 only. i am also in need of the draft document to be filled with the prescribed form

Thanks in advance kindly mail me on csvikas2401 @ gmail.com

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Luvish Jain (Tax Consultant) (507 Points)
Replied 02 December 2017

Hello Sir,

u n

How to file CHG-8 condonation delay form with ROC…?

Step 1:- Conduct a Board Meeting a pass a resolution to make an application with concerned Regional Director.

Step 2:- Fill CHG-8 form- CHG-8 is a physical form that has to be filled by physically.

Step 3:- Prepare a petition which has to be filed with Regional Director (RD)

Step 4:- Prepare an affidavit verifying petition by any one of the director of the company (It has to be taken on e stamp)

Step 5:- Prepare a memorandum of appearance to represent the company before RD (Authorize PCS/PCA/Advocate or Directors)

What are the forms to be filed with ROC in this regard……..?

The following three forms will have to file with ROC

1. Form GNL-2 to file other documents

Attachments: –

(i) Form CHG-8

(ii) RD Petition + Affidavit +Memorandum of appearance (all together in one document)

(iii) CHG-4 with Payment challan (which is filed earlier)

2. Form RD -2– once the GNL-2 filed, then the company has to file RD-2 form with MCA.

Attachments:-

(i) Form CHG-8

(ii) RD Petition + Affidavit +Memorandum of appearance (all together in one document)

(iii) CHG-4 with Payment challan (which is filed earlier)

(iv) GNL2+Payment challan.

*keep checking the SRN status of the RD form, most of the cases MCA intimate to resubmit the form.

3. Form INC-28- Once the RD form approved or order released by the Regional Director, then the company has to file such RD order in INC-28 form within 30 days.

Attachment:- RD order.

Suggestion:- Filing a condonation delay form with MCA is a clumsy and slight difficult process, one should take expert (Company Secretaries) opinion to deal in this matter.

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