Delay less than 300 days in creation of charge

Vivek Kumar Agarwal (Partner) (24 Points)

02 January 2015  

Dear fellow colleagues,

I have filed CHG-1 with a delay of less than 300 days. The form has been marked as "Pending for Form 21".

 

Now as per the MCA notification in the link https://drive.google.com/a/kkco.co.in/file/d/0B3FY2MWT28YIYjdhenhqQWVLMGs/edit     no separate form is to be submitted:

 

(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 thecompany signed by its secretary or director that such belated filing shall not adversely affect rights of any other intervening creditors of the company.

In other words there is no separate form notified for application to ROC, only the filing of CHG-1 should be sufficient with a declaration, which I have already done.

Has any one here faced this particular issue? Any clarification will be of great help.

Thanks and Regards.