|
3 Registration of Creation or Modification of Charge (1) For registration of charge as provided in sub-section (1) of section 77, section 78 and section 79, the particulars of the charge together with a copy of the instrument, if any, creating or modifying the charge in Form No.CHG-1 (for other than Debentures) or Form No.CHG-9 (for debentures including rectification), as the case may be, duly signed by the company and the charge holder and 2[shall be filed] with the Registrar within a period of thirty days of the date of creation or modification of charge along with the fee. 3[(2) If the particulars of a charge are not filed in accordance with sub-rule (1), such creation or modification shall be filed in Form No. CHG-l or Form No. CHG- 9 within the period as specified in section 77 on payment of additional fee or advalorem fee as prescribed in the Companies (Registration Offices and Fees) Rules, 2014. (3) Where the company fails to register the charge in accordance with sub-rule . (1) and the registration is effected on the application of the charge-holder, such charge-holder shall be entitled to recover from the company the amount of any fees or additional fees or advalorem fees paid by him 'to the Registrar for the purpose of registration of charge.] (4) A copy of every instrument evidencing any creation or modification of charge and required to be filed with the Registrar in pursuance of section 77, 78 or 79 shall be verified as follows- (a) where the instrument or deed relates solely to the property situated outside India, the copy shall be verified by a certificate issued either 1[under the seal, if any, of the company,] or under the hand of any director or company secretary of the company or an authorised officer of the charge holder or under the hand of some person other than the company who is interested in the mortgage or charge; (b) where the instrument or deed relates, whether wholly or partly, to the property situated in India, the copy shall be verified by a certificate issued under the hand of any director or company secretary of the company or an authorised officer of the charge holder. 4[ (5) Nothing contained in this rule shall apply to any charge required to be created or modified by a banking company under section 77 in favour of the Reserve Bank of India when any loan or advance has been made to it under sub-clause (d) of clause (4) of section 17 of the Reserve Bank of India Act, 1934 (2 of 1934).] Amendments 1. Substituted by notification Dated 29th may, 2015. In rule 3, in sub-rule (4), in clause (a), for the words "under the seal of the company", the words "under the seal, if any, of the company" shall be substituted. 2. Substituted by the Companies (Registration of Charges) Amendment Rules, 2018. in rule 3, in sub-rule (1), for the words "and filed", the words "shall be filed" shall be substituted; 3. Substituted by the Companies (Registration of Charges) Amendment Rules, 2019. dated 30th April, 2019 in rule 3, for sub- rules (2) and (3) (2) If the particulars of a charge are not filed within the aforesaid period, but filed within a period of three hundred days of the date of such creation or modification, the additional fee shall be levied. (3) If the company fails to register the particulars of the charge with the Registrar within the period of thirty days of its creation or modification, the particulars of the charge together with a copy of the instrument, if any, creating or modifying such charge may be filed by the charge-holder, in Form No.CHG- 1 or Form No.CHG-9, as the case may be, duly signed along with fee. the following sub-rules shall be substituted, namely: "(2) If the particulars of a charge are not filed in accordance with sub-rule (1), such creation or modification shall be filed in Form No. CHG-l or Form No. CHG- 9 within the period as specified in section 77 on payment of additional fee or advalorem fee as prescribed in the Companies (Registration Offices and Fees) Rules, 2014. (3) Where the company fails to register the charge in accordance with sub-rule . (1) and the registration is effected on the application of the charge-holder, such charge-holder shall be entitled to recover from the company the amount of any fees or additional fees or advalorem fees paid by him 'to the Registrar for the purpose of registration of charge." 4. Inserted by Notification Companies (Registeartion of Charges) Amendment Rules, 2022 Dated 27th April, 2022.
|