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 filed with the Registrar within
a period of thirty days of the date of creation or modification of charge along
with the fee.
(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.
(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.
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. |