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Regarding modification of charge

Co Act 2013 668 views 1 replies

Dear Experts,

There is one Company ABC Limited and company had created charge in last month and filed MGT-14 for the same according to section 179(3)(d) to borrow money . The same charge has been modified in this month and we had filed CHG-1. Now question arrises that, Company have to file MGT-14 again for the section 179(3)(d) ??? 

We make a conclusion that, now company is not borrowing money , it just modifiying the credit limits and therefore need not to file MGT-14. 

Kindly suggest best possible views on the same and do the needful.

Thanking you.

Replies (1)

If the charge has been modified due to increase in loan amount, MGT.14 will have to be filed since it amounts to further borrowing.  However, modification is for some other purpose (e.g. change in rate of interest or other  terms & conditions etc.), then MGT.14 is not required to be filed.

 


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