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Filing of Charges with ROC

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C.A Alok Mukherjee (service) (462 Points)
Replied 30 July 2010

Can the certified copy of resolution of loan be attached alongwith Form 8 along with charge documents? Please help.



Payal Jain (CS) (152 Points)
Replied 31 July 2010

Yes, we can attach certified copy of resolution along with charge documents.


Meenakshi Iyer (PA) (27 Points)
Replied 13 January 2011

I would like to know the procedure for maintaining a physical Register of Charges.  Though the procedure should be very simple, the clarifications sought is what is the procedure when some part of the charge is satisfied and how to pass a entry related to that. or in case there is enhancement of limit on the same charge whether a new charge has to be created or there should be string to the same charge created few years back. how can this be maintained in a physical register ??


Marikani (accountant) (25 Points)
Replied 27 December 2011

Originally posted by : Lineesh James
Whenever a company create a charge on its assets, with in 30 days it has to file Form 8 with ROC ( Form 10 in case of series of Debentures).
Procedure:
1. Get the details of charge -if the charge is created in favour of a bank, get the sanction ticket, copies of the documents creating or evidencing charge,copy of the Board resolution given by the Company.
2. Download Form 8  from MCA website and fill up.
3. Scan the documents creating or evidencing charge ( black & white, Resolution 200dpi, pdf file) and attach it with Form 8.
4. Toal file size should not exceed 2.5 MB, if exceeds, remove the scanned attachments. Attachments can be uploaded separately as Addendum.
5. Get the Digital Signature from Company & Bank.
6. File the signed form 8 by  E-Filing through MCA website.No paper filing is possible.
7.The fee will be Max.Rs.500/300/200 depending on the Authorised capital of the Company.to be paid either through credit cards or Bank Challans
8.See that FOrm 8 is filed with in 30 days( 60 days with additional fee) after the date of the Document creating charge.
9.If you are a first timer in E-filing, better get the help of a  practising Company Secretary or Chartered Accountant. They charge you around 1500/-
Scan

 

 

 

 

Pls. clarify the followings

1.     Once the FORM 8 was download and unzipped from the website there is any time limit for full up and upload.

2.     As my friend told me that
1. The FORM was saved frequently (during full up) the file size was increased – it is true
2. Every time we need to create / motility a charge fresh file (form 8) is download from the website – it is true



(Guest)
Originally posted by : kishor kumar g.c
 
Down load the Form from MCA.gov.in, Fill it up & add digital Signature and File  the form in same website
For any form of ROC time limit is 30 days from the date of creation or what ever


But here are one more option for e-Filing ROC.

ROC Software

STATUTORY REGISTER / REPORTS /OTHERS
 

  •  
  • Register of Member, Register of Director, and Directorship in other entity, Director Shareholding.
  • Allotment, Shareholder, Share Transfer, Register of Charge u/s 143.
  • List of Allot tees, Share Application, Share Certificate.
  • Register of contract, Interested Director, Investment, Deposit, Common seal, Balance sheet and extra ordinary General Meeting.
  • Auto Preparation of Annual Report.
  • MIS report, Director Companies, Index of members and etc.

    E-FILING FACILITY
     
  • Automatic preparation of e-Form 1A, 1, 18, 32, 44 (Incorporation).
  • Automatic preparation of e-Form 20B, 21A, 23AC, 23ACA, 23B, 66 (Annual Return).
  • Automatic preparation of other e-Forms like 5, 8, 17, 24, 25B, 25C, 37, 39, 44, 61, 62, 66, 1INV and etc.
  • Automatic preparation of e-form DIN-3.
  • Automatic preparation of DIN-1.
  • Facility of both filled and Blank Forms are available.

Here are much more facility.

Next....

XBRL Software




anu (Proprietor) (21 Points)
Replied 01 January 2012

Hi All,

My Query is:

 

if a company has a charge registered for 1 cr... then the same is modified and increase to 1.5 cr... (in both of these cases form 8 is filed with the RoC)...

 

then agar the charge gets reduced to 1 cr and the form 8 for the modification of the same is not filed to the RoC within 30+30 days...

then again after a couple of months this charge is again increased from 1cr - 2cr.... and the modification of the same needs to be charged to the RoC.... how can that be done, as there is a default is filing the modification of 1.5cr to 1 cr??

Can the present modication be filed with a noting the same that the charge was earlier extended to Rs. 1.5 cr and then reduced to 1 cr... and now it is increasing from 1cr to 2 cr.... will this the legally and technically correct??

 

 


CS MOHIT SALUJA (PRACTICING CS Jalandhar 9914558709)   (5155 Points)
Replied 01 January 2012

Dear Anu, legally you need to file the Form 8 with ROC in respect of charge reduce to Rs. 1 cr. and that will be a CLB matter for which move to CLB after geeting a report from the ROC. After the order is received file it with ROC and get the form 8 uploaded. But the problem here will be that the increase of 1 cr to 2 cr will again become the CLB matter as it will take more time to get CLB order of first charge means the last option legally is to go for CLB and nothing else.


Raju (student) (25 Points)
Replied 01 September 2012

Dear Friends,

 

i get loan from bank  i want to file charge creation form 8

my Question what are doucumnet should attached with Form 8

 

plz help me...


CS MOHIT SALUJA (PRACTICING CS Jalandhar 9914558709)   (5155 Points)
Replied 01 September 2012

You will have to attach and file the Loan Agreement duly signed by Directors and the Bank Manager along with their stamps and on valid stamp papers


Raju (student) (25 Points)
Replied 01 September 2012

Dear Sir,

 

i also have  sanction letter of loan , so should i attached the sanction letter in Form 8.??




CS MOHIT SALUJA (PRACTICING CS Jalandhar 9914558709)   (5155 Points)
Replied 01 September 2012

Just teh sanction letter is not all sufficient. The company will have to attach the Loan Agrement also. Although as the Form is in STP and will get approved when the company will file the same even if only Sanction letter is attached but Loan agreement is the mandatory to attach with Form 8



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