LegalBoss Team help you in Creation/Modification/Satisfaction of Charges.
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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.
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 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:
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.
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.
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
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.
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.