Charge

Creation/Modification/Satisfaction of Charges

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More About Charge

About:

As Companies Act, 2013 defines "charge" as 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. A charge will created by the borrower company on its assets and properties (Its may include Future tangible or intangible property), in favor of the lender, a bank or a financial institution.

 Creation of Charge:

When company borrow money form banking or non-banking company than as per the companies act, 2013 companies needs to registered all charges whether short term or long term borrowing form in India or abroad within 30 days with the ROC in the form of CHG-1 along with instrument creating the Charge.

 Modification of Charge:

Modification of Charges applicable when there is any changes in previous borrowing including any terms, condition, amount etc.. modification of charge same as the creation of charge as per the companies Act, 2013. For the modification of the charge need to file CHG-1 within 30 days to ROC along with supporting documents.

Satisfaction of Charge:

When charge was created by the borrower in favour of the lender and whole amount has been fully repaid and other terms and condition is fulfilled than charge is fully satisfied as per the companies Act, 2013 and borrower has to file CHG-4 within 30 days to the ROC for satisfaction of Charge to remove the charge which is registered in the name of Borrower.

Why Charges are Important:

  • To maintain Charge Registered.
  • To avoid unnecessary addition fees and litigation.
  • Lander get a surety that their funds are safe and would be repaid along with the principal amount & interest.

FAQ on Charge

Can charge create on future assets of the Company?

No, Future assets are not part of the assets side of the balance sheet of the Company. Company can’t create security on the same.

Consequence of non-registration of Charge?

Non-registration of the Charges with the Registrar of Companies (ROC) shall not invalidate the Charge created but the same shall not be taken into account by the liquidator appointed under the Companies Act, 2013 or the Insolvency and Bankruptcy Code, 2016 on winding up of the company and the creditor. However, this does not prejudice any contract or obligation for the repayment of the money secured by the Charge.

When and how company can Create Charge?

Every company, creating or modifying a Charge on its property, assets or undertakings, whether it is tangible or intangible situated within or outside India, shall register the particular of Charge with the Registrar within 30 days of such creation by applying Form No. CHG-1

Whether charge will be create on Fixed Deposit Receipt of the Company?

Yes, as the fixed deposit receipt with the Bank by way of security for a loan amount to pledge of movable property. There is required to create charge on pledge under Companies Act, 2013.

Whether there is need to create charge on the personnel guarantee of the Promoters?

No, The Personnel guarantee of the Promoters are not assets of the Company. Therefore, there is no need to create charge on the personnel guarantee of the promoters.

Required Documents for Creation/Modification/Satisfaction of Charges

Minimum Requirements

  • Agreement with sanction letter for charge creation / modification
  • NOC Letter for Charge Satisfaction
  • Digital Signature Certificate of Director

Specific Requirements

  • Required Bank Authorised Signatory Digital Signature.
  • Other Documents and information as may required.

Points to make your decision easy

Step involved in Creation/Modification/Satisfaction of Charges

STEPS & TIME DURATION
1

Day 1-2

  • Discussion between LeglBoss Team & the Promoters/Directors of the Company.
  • Drafting necessary Documents and resolutions.

2

Day 3-4

  • Signing of Required Documents.
  • Preparation for ROC forms for Charge

3

Day 5-6

  • Filling of Forms and Documents with ROC
  • Paying ROC Fees

4

Day 7 Onwards

  • ROC processing Time / Approval Time
  • Send Approval Letter with Forms and Challan