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Condonation of delay in filing form chg-1

Phalgunee Banerjee (Head - Finance) (31 Points)

17 May 2014

Can anyone pl help me? I had filed CHG-1 after 62 days of taking loan from Bank. Now the ROC has requested for re-submission of chg-1 with form CHG-10 and a affidavit from Director than the delay will not adversely effect any creditor. But the format of CHG-10 is not available in MCA site. Can anyone pl forward the format of CHG-10 and format of affidavit to be filed along with CHG-10. or tell me from where i can get it.

Thanx for your help in advance

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5 Replies

P C Agrawal (Registered independent director Past Ch) (8229 Points)
Replied 18 May 2014

There is no form CHG.10. Refer Official Gazette. Application for condonation of delay should be in CHG.8. Declaration is also given in the form:

https://drive.google.com/file/d/0B3FY2MWT28YIYjdhenhqQWVLMGs/edit?usp=sharing

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A K Subramanian FCA (Prop. A K Subramanian & Co. Chartered A) (21 Points)
Replied 25 June 2014

pl note that it is not CHG8. CHG1 is itself is sufficient.. the relevent portion from the gazette is copied and pasted herebelow.. correct me if i am wrong..A K Subramanian Chartered Accountant Tirunelveli.

4. Condonation of delay by Registrar.-(1) The Registrar may, on being satisfied that the company had sufficient

cause for not filing the particulars and instrument of charge, if any, within a period of thirty days of the date of creation

of the charge, allow the registration of the same after thirty days but within a period of three hundred days of the date of

such creation of charge or modification of charge on payment of additional fee.

(2) The application for delay shall be made in Form No.CHG-1 and supported by a declaration from the

company signed by its secretary or director that such belated filing shall not adversely affect rights of any other

intervening creditors of the company.

Ravi Shankar (Chartered Accountant) (186 Points)
Replied 23 September 2014

There is sufficient confusion in this regard, I believe.

The Rules mention it as Form CHG-1 but the ICSI Study Book mentions it as CHG-10 and has also mentioned about this form in the list of forms. (https://www.icsi.edu/Portals/0/REGISTRATION%20OF%20CHARGES.pdf)

However, the Rules does not contain any such e-form with Form CHG-9 being the last and I have not found any amendment to these Rules either.

Phalgunee Banerjee (Head - Finance) (31 Points)
Replied 14 January 2015

Originally posted by : Ravi Shankar

Sir,

I had a talk with the ROC officials recently and they have told to draft a simple letter for condonation of delay and to be signed by the directors. The Form CHG - 10 exists in the law but it has not been published. However, they instructed to write a letter which they will consider as FOrm Chg- 10 and the letter should give details of the reasons for filling CHG - 10.