TMI BlogChapter VI - The Companies (Registration of Charges) Rules, 2014.X X X X Extracts X X X X X X X X Extracts X X X X ..... 56 (1 of 1956) on matters covered under these rules, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely: - 1. Short title and commencement.- (1) These rules may be called the Companies (Registration of Charges) Rules, 2014. (2) They shall come into force on the 1 st day of April, 2014. 2. Definitions.- (1) In these rules, unless the context otherwise requires,- (a) Act means the Companies Act, 2013 (18 of 2013) ; (b) Annexure means the Annexure appended to these rules; (c) Fees means the fees as specified in the Companies (Registration offices and fees) Rules, 2014 ; (d) Form or eforms means form set for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ether 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 under the seal 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the particulars of modification of charge is registered under section 79, the Registrar shall issue a certificate of modification of charge in Form No. CHG-3 (3) The certificate issued by the Registrar under sub-rule (1) and sub-rule (2) shall be conclusive evidence that the requirements of Chapter VI of the Act and the rules made thereunder as to registration of creation or modification of charge, as the case may be, have been complied with. 7. Register of charges to be kept by the Registrar.- (1) The particulars of charges maintained on the Ministry of Corporate Affairs portal (www.mca.gov.in/MCA21)shall be deemed to be the register of charges for the purposes of section 81 of the Act . (2) The register shall be open to in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Board for the purpose. (4) The register of charges shall be preserved permanently and the instrument creating a charge or modification thereon shall be preserved for a period of eight years from the date of satisfaction of charge by the company. 11. Register open for inspection.- The register of charges and the instrument of charges kept by the company shall be open for inspection- (a) by any member or creditor of the company without fees; (b) by any other person on payment of fee. 12. Condonation of delay and rectification of register of charges.- (1) Where the instrument creating or modifying a charge is not filed within a period of three hundred days from the date of its creation (including acquisition of a proper ..... X X X X Extracts X X X X X X X X Extracts X X X X
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