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
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
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.
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.
| Originally posted by : Ravi Shankar | ||
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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. |
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Hi,
I wish to know that if the delay is beyond 30 days but within 300 days even then this Form CHG-10 & declaration need to be attached in Form CHG-1?
If yes can anyone provide format of the same.
Thanks & Regards
CS Shruti Bansal
CAclubindia
