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Applicability Form 8 - car loans, Other Topics

Issue Id: - 1221
Dated: 29-5-2009
By:- BHARTI DEY

Applicability Form 8 - car loans


  • Contents

Is filing of Form 8 (registration of charge) with Registrar of Companies applicable in case of car loans which are secured by hypothecation of cars acquired on Equitable Monthly Installment (EMI) system ?

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1 Dated: 30-5-2009
By:- Mukesh Kumar

As per the provisions of section 124 of the companies act, 1956 - charge includes mortgage. Further as per section 125 of the companes act, 1956, pledge of any movable property is not subject to the provisions of charge. Since hypothication is not a mortgage but a pledge of movable property, the same shall be out of the provisions of charge under chapter V of the companies act, 1956.


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