Difference between creation and registration of charge

Others 3171 views 4 replies

Sir,

    is there any difference between creation of charge and registration of charge

what is the procedure for creation of charge?

what are the procedure for registration of charge ?

thanking you,

Replies (4)

yes there is a difference

cz all charges created may not be registered

compliance requirement:

eform CHG-1 for creation of charge for securities other than debentures alongwith instruments creating charge and for debentures it is CHG-9

Entry in register of charge in form CHG-7

 

IN CASE OF DELAY OF DOING THIS AFTER 30 DAYS BUT BEFORE 300 DAYS

eform GNL-2 for filing form CHG-10 for application for delay

declaration by company

 

CHARGE CREATION

Whenever a company obtains any Debt/Loan/Debenture from public/bank etc. it provides any of its asset/property as security to the lender. This process of securing the lender by offering its properties as securities is said 'charge creation'. It is generally done by executing a instrument or agreement between company and lender.

 

CHARGE REGISTRATION

Now whenever a company secures any of its debt/loan/debenture by creating a charge on any of its asset/property, it is required u/s 77 of companies act 2013 to register the particulars of such charge with ROC.

Company is required to file FORM CHG 1 (For Other then debenture) or FORM CHG 9 (for Debenture) along with the instrument (i.e. agreement) of charge creation

thanks for the reply

What is the validity period of charge


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