1) It must be remembered that
‘charge’ includes a mortgage and it should be filed whether it is created
inside or outside India and relates to property situated either inside or
outside India { Section 124 }
2)
Check
as to whether your charges fall under any one of the following categories
:
Ø
A charge for the purpose of securing any issue of debentures.
Ø
A charge on uncalled share capital of the company
Ø
A charge on any immovable property, whether situate or any
interest therein;
Ø
A charge on any book debts of the company;
Ø
A charge, not being a pledge, on any movable property of the
company ;
Ø
A floating charge on the undertaking or any property of the
company including stock in trade;
Ø
A charge on a ship or any share in a ship;
Ø A charge on goodwill, on a patent
or a license under a patent, on a trade mark or on a copyright or a license
under a copyright;
3)
In
case the charge falls under any of the categories above, then file particulars
of the charge with the concerned (ROC) within 30 days of making the charge in {E form no 8} with the following
attachments.
Ø
Copy of the instrument creating charges.
Ø Other optional attachments as
required. (resolution )
4) Ensure that the e-form is
digitally signed by the authorised signatory of the banker along with the
authorised signatory of the company (Managing Director or director or
secretary) and certified by PCS or PCA.
5) Make the payment of requisite fees
prescribed by the Companies { Schedule X of the Companies Act }
6) If due to unavoidable
circumstances, it is not possible to file the particulars of the charge within
30 days, then file it latest within 60 days of creating the charge after
satisfying the ROC the reason for delay, and after payment of such additional
fee for not exceeding ten times the amount of fee specified in {Schedule X} as the ROC may determine.
7)
Verify
the copy of the instrument or deed before its filing, in the following manner
:-
Ø
If the instrument or deed creating the charge relates solely to
property situate outside India, by a certificate either under the seal of the
company or under the hand of the director or manager or secretary of the
company or under the hand of some person interested in the mortgage or charge
on behalf of any person other than the company, stating that it is a true copy.
Ø
If the instrument or deed creating the charge relates, whether
wholly or partly, to property situate in India, by a certificate of the
director, manager or secretary of the company stating that it is a true copy or
by a certificate of a public officer given under and in accordance with the
provisions of section 76 of the Indian Evidence Act, 1872
8) In the case of a charge created
outside India and comprising solely of property situated outside India, file the
particular of the charge in [ E form no 8] within 30 days after the date on which the
instrument creating or evidencing the charge or a copy thereof could, in due
course of post and if despatched with due diligence, have been received in
India.
NOTE
The object or purpose of registration of charges with the Registrar of Companies is public notice; to ensure the means of notice to those who contemplate giving credit to the company. The object of registration is to prevent people advancing money or purchasing in the dark. The registration is provided so that creditors may have some notion of how far the property of the company is unencumbered. This purpose is sought to be achieved by requiring the companies and the Registrars to register the charges in their registers, and make them available to the public for inspection. The registration also has the object of preventing a fraudulent and belated claim of a charge in the event of a company's liquidation. Thus, the object of registration is mainly to give information to future creditors as to the extent of the company's indebtedness and the consequent amount of credit that they can safely give to the company.
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