Application for registration of charge

Where a company fails to register the charge within the period of thirty days referred to in sub-section

(1)

of section 77 that register the charge within the period specified in section 77 , without prejudice to its liability in respect of any offence under this Chapter, the person in whose favour the charge is created may apply to the Registrar for registration of the charge along with the instrument created for the charge, within such time and in such form and manner as may be prescribed and the Registrar may, on such application, within a period of fourteen days after giving notice to the company, unless the company itself registers the charge or shows sufficient cause why such charge should not be registered, allow such registration on payment of such fees, as may be prescribed:

Proviso

Provided that where registration is effected on application of the person in whose favour the charge is created, that person shall be entitled to recover from the company the amount of any fees or additional fees paid by him to the Registrar for the purpose of registration of charge.

Company means a company incorporated under this Act or under any previous company law

Notes, amendments & references (8)

General Circular 11/2021-Relaxation on levy of additional fees in filing of certain forms under the Companies Act 2013 and LLP Act 2008 dated 30.06.2021. To view the circular, Click Here

General Circular 12/2021-Relaxation of time for filing forms related to creation or modification of charges under the Companies Act 2013 dated 30.06.2021. To view the circular, Click Here

Refer circular dated 17.06.2020 on Scheme for relaxation of timelines due to Covid-19. To view the circular, Click Here .

Substituted vide Companies (Amendment) Act, 2017 dated 03.01.2018, effective from 07.05.2018. To view commencement notification, Click Here

To view the notification of Companies Amendment Act, 2017 Click Here

Charge means an interest or lien created on the property or assets of a company or any of its undertakings or both as security and includes a mortgage

Refer rule 3 of the Companies (Registration of Charges) Rules,2014. To view the rule, Click Here

Refer rule 12 and Table annexed to the Companies (Registration Offices and Fees) Rules, 2014. To view the rule, Click Here