Delay less than 300 days in creation of charge

MCA / ROC Filings 1466 views 2 replies

Vivek Kumar Agarwal

Partner

24 Points Posted on 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.

Replies (2)

CS MOHIT SALUJA

PRACTICING CS Jalandhar 9914558709

5155 Points Posted on 13 January 2015

You must talk to to ROC as there is no specific another E Form required to be filed if the delay is less than 300 days in filing pof CHG-1 Form rovided the E Form has been filed on and after April 01, 2014.

We have filed a no. of e forms in relation to delay less than 300 days and no objectoion has been raised by ROC and the forms got uploaded and approved through STP

CA Neeraj Bansal

Profession

191 Points Posted on 26 February 2015

Mohit Ji,

Please let me know what is the process of filing CHG-4. And what is the consequences if a borrower secured his assets to another bank but the charge with previous banker is not filed by the borrower and more than 1 year passed and what is the remedy??