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Form 8 Applicability

vidhya (Business Analyst) (24 Points)

07 April 2009

I need clarification for the applicability of Form 8 to be registered with ROC. A NBFC say ABLtd., finance to Limited and Pvt Limited companies. Say the same for a fin year exceeds 50lacs, then do sections 125, 126,127 read with 600 of the companies act needs to be complied with and hence Form 8 needs to be filed?

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CS Gaurav Jain (Consultant) (63 Points)
Replied 07 April 2009

Hi Vidhya

If the Borrower creates any of the following charges in favour of NBFC, the borrower has to file Form no. 8 with Regsitrar of Companies:

(a) a charge for the purpose of securing any issue of debentures;

(b) a charge on uncalled share capital of the company;

(c) a charge on any immovable property, wherever situate, or any interest therein;

(d) a charge on any book debts of the company;

(e) a charge, not being a pledge, on any movable property of the company;

(f) a floating charge on the undertaking or any property of the company including stock-in-trade;

(g) a charge on calls made but not paid;

(h) a charge on a ship or any share in a ship;

(i) a charge on goodwill, on a patent or a licence under a patent, on a trade mark, or on a copyright or a licence under a copyright.

Would be pleased to provide further information or clarification.

Regards

CS Gaurav Jain

rsjprofessionals @ gmail.com

Gaurav @ rsj.co.in

+91-9212605990