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- Posted By: Sanjeev 9 year(s) ago
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- Posted By: Kanika gupta 9 year(s) ago
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X Co. has taken Loan from NBFC, issued Debentures and executed Debenture Trust Deed.( DTD). Y Co has given its security to secure
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X Co. has taken Loan from NBFC, issued Debentures and executed Debenture Trust Deed.( DTD). Y Co has given its security to secure Loan and there by secure Debentures and party to DTD
Reading of Rule 3 of Companies (Registration of Charges) Rules, 2014
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),
Query : Whether Y Co shall required to file CHG-1 or CHG-9 ?
1. Now in this case though Y. Co is not issuing Debentures , but it shall create charge to secure Debentures issued by X Co.
2. Section 77 and Rule 3 , does not speak about Issuer of Deb., it specifies Charge creating Instrument
3. Eform filing is Instrument specific and not issuer specfic
Hence as per section and Rules Y. Co shall file CHG-9, instead of CHG-1
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- Posted By: Mandar 7 year(s) ago
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- Posted By: Deepthi 7 year(s) ago
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As per Section 77 of the Companies Act, 2013. ‘It shall be the duty of every company creating a charge within or outside India, on
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As per Section 77 of the Companies Act, 2013. ‘It shall be the duty of every company creating a charge within or outside India, on its property or assets ………………, to register the particulars of the charge………., with the Registrar within thirty days of its creation’. Charge has been defined as ‘an interest or lien created on the property or assets of a company or any of its undertakings or both as security and includes a mortgage’. Does that mean a Company is required to register details of Pledge created on shares held by it as investments. For example, Company A holds Equity Shares of Company B as Investments. Now Company A desires to pledge those investments in favour of C, do Company A require to Register the same with RoC, under the provisions of Companies Act, 2013
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- Posted By: Vivek vijay 11 year(s) ago
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- Posted By: Arpitha 9 year(s) ago
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- Posted By: Arpitha 9 year(s) ago
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