Filing Charges Through CHG 1 Form

CHG 1 form is required for the filing of a charge, provides security and allows the charge holder to get the claim amount from security that was charged by the Company.

To secure the lender and the third party, filing of charge is required. Any third party who deals with the same property must be aware that the property has been charged by a lender. Before executing any transaction, all details must be agreed to.

Form of CHG 1 is filed under Sections 77, 78, and 79, Section 384, and Rule 3(1), Companies Rules, 2014.

A "charge" is a security interest or lien on the assets or properties of a company or any of its undertakings. The rent payments are also included.

Procedure Followed for Registration through CHG 1 Form Within 120 Days 

1. File the particulars of the Charge with ROC.

The company must file the details of the Charge with ROC within thirty days of implementation of any instrument creating or modifying charges. 

• Invoice evidencing the creation of charge for property acquisitions that are already subject to charge. 
• Joint charge: Particulars of all joint-charge holders.
• In the event of filing a form after 30 days from the creation of the charge, a declaration from the company is signed by its director.
• Any other document that may be required. You can also take the CHG 1 form download from MCA.

Form CHG-9 (For Debentures)

• A certified true copy of the resolution authorizing the issue of Debentures. 
• In all cases, the instrument containing details about the charge is required. In the case of e-Form, the order of the CG is required to rectify charges. 
• For forms filed beyond 30 days from creation of the charge, a declaration from the company must be signed by its secretary/director. 
• Any other document as applicable.

b. These forms may be filed after 30 days, but they must be submitted within 30 days if additional fees are paid.

c. If the instrument for creating/modifying a charge is not filed within 60 days, the Company may apply for an extension of the time limit to file the relevant forms. ROC may permit such registration within a further 60 days after payment for the ad Valorem fee.

2. Certificate of Registration of Charge 

ROC will register the charge, and issue Certificates of Registration of Charge in Form CHG-2 (in case there is a modification). 

3. Register of Charges 

The company shall enter the necessary information in the Register of Charges in Form CHG-7 that is maintained by the Company. These entries must be authenticated by the Director, CS, or another authorized person by the Board.

CONDONATION OF DELAY

1. The status of the form will be displayed as "Pending for INC 28" once it has been filed. 

2. Convey a BM, and pass a BR authorizing the Director and Professional to make a petition for Condonation of delay. 

3. Filing Form GNL-2 with the Registrar of Companies. 

• Attach the following attachments to the CTC Board Resolution regarding the condonation of delay in filing E Form CHG 1/CHG4 form and its Challan. 
• Petition to the Regional Director for Rs.100 stamp papers and the set to go on legal paper. 
• Affidavit of Rs.100 on stamp paper. 
• Affidavit confirming the petition. 
  Memorandum on stamp paper, Rs.100/- (To notarize)
• MOA and AOA. 

4. Filing form CHG 8 (Application to Central Government to extend the time for filing particulars about registration of creation/modification/satisfaction of charge) and the following attachments: 

• CTC Board Resolution regarding condonation for the delay in filing E Form 
• CHG 1 form / form CHG-4 form and its Challan 
• form GNL 2 and Challan
• Hypothecation Deed for creation of charge. 
• The petition before the Regional Director on Rs.100/mark paper. The set will be taken on legal papers. 
• Affidavit in stamp paper, Rs.100/- 
• Affidavit confirming the petition 
• MOA/AOA of the Company. 

5. Within 30 days of passing an order, file INC-28 with ROC with the following attachments. 

• Copy of order
• Copy of Challan penalty 

6. RD will then call for a hearing. An order for condonation of delay and additional fees will be passed. You must pay the fees to ROC referencing SRN No as part of the miscellaneous fee payment. 

7. After filling out form INC-28 Condonation of Delay is ended and form CHG 1 form is approved. 

REGISTER OF CHARGES 

Liability on Registrar – It requires that a register be kept that contains details of all charges. This information is being stored on the Ministry of Corporate Affairs portal. 

The index of Charges registered with the MCA can be viewed: https://www.mca.gov.in/mcafoportal/showIndexOfCharges.do

Liability of the Company - Every Company shall have to maintain a register of charge in form CHG-7 along with a copy of the instrument creating the charge at its registered office the Company.

The company must keep the register of charges and any instrument which creates a charge or modifies it for eight years after the date of satisfaction. 

SATISFACTION OF CHARGES 

Every company shall inform the ROC using form CHG-4 about the payment or satisfaction of all charges registered before the Registrar. This should be filed within not more than 30 days.

It will not be filed if the charge is only partially paid. In that case, CHG 1 will be filed to modify the existing charge. You can also download the CHG 1 form pdf from MCA.

The registrar may, on application from the Company or Charge holder, allow an additional period of 270 days after payment of additional fees. 

SECTION 85: PUNISHMENT TO CONTRAVENTION 

A penalty of Rs.5 Lakhs shall be assessed against the company and Rs. 500 per person for each officer found in default. 50,000/-

Any person who willfully provides false or incorrect information or knowingly suppresses material information that is required to register following section 77 shall be subject to section 447 liability. 

How To Fill form of CHG 1?

Procedure for Filling of form CHG 1 form with ROC

First Download Company forms from MCA. Below is a detailed procedure for Filing Form CHG 1 with ROC for Charge Creation. 

Step 1: Conduct Board Meeting

When any company borrows a secured loan from any bank or financial institution, a board meeting needs to be conducted by the directors of the Company to Intimating the same to RoC.

Step 2: Filling of Form form of CHG 1 

Form CHG 1 needs to be filed with ROC along with the following documents-

Documents for form CHG 1

• Instruments for creation and modification of charges    
• Particulars of all joint charge holders

CHG 1 form due date

Form CHG 1 is filed by the charge holder within 30 days of its creation. A company can also get an extension by applying for an extension. However, it shall not be allowed above a duration of 300 days.

LIST OF FORMS RELATED to CHARGE

CHG 1 Modification or creation of a new charge. You can download CHG 1 form from mca.

CHG 2 Certificate for registration. 

CHG 3 Certificate of modification to existing charge. 

CHG 4 Payment or satisfaction of all charges. 

CHG 5 Certificate of satisfaction of charges. 

CHG 6 Notification of the appointment or cessation as receiver or manager. 

CHG 7 Company charges register. 

CHG 8 Application to the Central Government for an extension of time to file particulars of modification/satisfaction of charge OR for correction of omissions or misstatements of any particular for creation/modification/satisfaction of charge. 

CHG 9 Modification or creation of a new charge in an existing charge for debenture.

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