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💼 Essential for Companies Availing Bank Loans & Credit
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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.
Types of
Charges:
✅ Fixed Charge:
Created on specific assets like land, buildings, or machinery.
✅ Floating Charge:
Covers assets like stock, cash flow, and receivables, which may change over
time.
✅ Modification of
Charge: Any changes to an existing charge (loan amount, interest rate,
security type) must be updated with the ROC.
✅ Satisfaction of
Charge: Once a charge is repaid, it must be formally satisfied and removed
from company records.
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Why is Charge
Registration Important?
✔ Mandatory Under
Companies Act, 2013 – Every charge must be registered with the ROC.
✔ Protects
Lender’s Rights – Ensures transparency in financial agreements.
✔ Prevents Legal
Disputes – Helps avoid legal complications related to unregistered charges.
✔ Enhances
Creditworthiness – Companies with registered charges gain lender confidence
for future funding.
✔ Avoids Heavy
Penalties – Delay in charge filing attracts financial penalties and
non-compliance issues.
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Consequences
of Non-Compliance
❌ Penalty for Late
Filing: Companies face penalties up to ₹5 lakh, and officers in
default may be fined ₹50,000.
❌ Legal Risks
& Asset Issues: Unregistered charges may lead to legal disputes and
loss of asset control.
❌ Loss of
Creditworthiness: Companies failing to register charges may struggle to get
future loans.
❌ ROC Rejection of
Charge Satisfaction: Failure to register charge satisfaction may cause
issues in company financial records.
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Penalties – File Your Charge Documents with Legal Boss Now!
Why Choose
Legal Boss for Charge Registration Services?
✅ MCA Compliance
Experts – Ensuring proper charge filing and documentation.
✅ Fast &
Hassle-Free Online Process – No lengthy paperwork, everything handled
digitally.
✅ Timely
Submission & Error-Free Filings – Avoiding rejections and penalties.
✅ Affordable
Pricing & Personalized Support – Best suited for startups, SMEs, and
large corporations.
✅ End-to-End
Compliance Management – From charge creation to satisfaction, we cover
everything.
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Compliant & Secure Your Business Loans – Let Legal Boss Handle It!
No, a charge is created in agreement with the lender and must be registered with the ROC to be legally valid.
Yes, any changes to an existing charge must be updated by filing Form CHG-1 within 30 days of modification.
No, Future assets are not part of the assets side of the balance sheet of the Company. Company cant 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.
Registered charges can be viewed on the MCA portal by entering the company’s CIN number.
Once a loan
is repaid, the company must file Form CHG-4 with ROC for charge
satisfaction within 30 days.
Yes, Private
Limited, Public Limited, and One Person Companies (OPC) must register
charges when availing secured loans.
What is the
deadline for filing charge creation with ROC?
A company
must file Form CHG-1 within 30 days from the date of charge creation. A
further extension of 120 days is allowed with additional fees.
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.
Specific Requirement