CHG – 9


Application for registration of creation or modification of charge for debentures or rectification of particulars filed in respect of creation or modification of charge for debentures

  • eForm CHG-9 is required to be filed pursuant to Sections 71(3), 77, 78 & 79 and Section 384 of the Companies Act, 2013 and Rule 3 of Companies (Registration of Charges) Rules, 2014
  • All the companies are required to file particulars for registration of charges created or modified for the purpose of securing debentures or rectification of particulars filed in respect of creation or modification of charge on debentures within specified period to concerned Registrar of Companies. Every charge that is created or modified by the company is required to be filed in eForm CHG-9 to concerned RoC in case of Indian Company and RoC, Delhi in case of a foreign company. EForm CHG-9 can also be filed by the company or any person interested in charge for rectifying any omission or misstatement done in any previous filing.
  • In case eForm is filed by the company within 300 days from the date of charge creation or modification(i.e. where condonation of delay is not required):
  • eForm shall be taken on record through electronic mode without any processing at the Registrar of Companies office. Ensure that all particulars in the eForm are correct.
  • All following cases shall be processed by the office of Registrar of Companies.
    • In case eForm is filed by the charge holder beyond 30 and within 300 days from the date of charge creation or modification (i.e. where condonation of delay is not required and the company if having any concerns may contact the Registrar within 14 days. This eForm shall not be registered up to fifteen days from the date of filing), Or

o    In case eForm is filed by the company or the Chargeholder beyond 300 days from the date of charge creation or modification (i.e. where condonation of delay is required), then the application to Central Government for condonation of delay is required to be filed in eForm CHG-8 after filing this eForm and this eForm will be processed by the RoC office after order of Central Government for approval for condonation of delay in eForm INC-28 has been filed. Or

    • In case eForm is filed by any person for rectification of charges : User is required to take the approval of Central Government in eForm CHG-8 and file the same in eForm INC-28 before filing of this eForm.
  • Select the purpose of the eForm out of the three options available i.e. creation of charge, modification of charge or rectification of charge.
  • Select the type of debenture for which the registration is being filed.
  • Enter the SRN of the eForm CHG-9 or old form 10 for which rectification is being filed. Please note that the SRN entered should be of an approved eForm CHG-9/Old Form 10.
  • In case the eForm is to be filed for modification or rectification of charge, enter the charge identification number allotted at the time of registration of the charge.
  • Please note that charge ID entered for modification and rectification should be open charge ID and not satisfied.
  • Ensure that user must have filed an application for approval of Central Government for rectification of charges in eForm CHG-8 before filing this eForm.
  • Enter the SRN of eForm INC-28 filed for intimation to Registrar for notice of order of Central Government for such rectification. Please note that the SRN should be an approved one.
  • Select one of the options for which rectification is required to be sought.
  • Select whether the applicant is a company or a charge holder. Charge holder can file this eForm only after 30 days from the date of creation or modification of charges.
  • Enter the number of trustee of debenture holder(s) or charge holder(s). In case charge is modified in favor of ARC or assignee and enter particulars of ARC or assignee and also attach the debt assignment agreement as an optional attachment.
  • Enter the date of present issue of series and the amount secured by the charge. In case series of debentures is not applicable, enter the date of issue of debentures.
  • In case of modification of charge, enter the total amount secured by the charge after such modification. If there is no modification in the charge amount, then enter the amount secured by the charge prior to such modification.
  • Based on the amount entered, system shall automatically display the amount in words. Enter the date of resolution authorizing the issue of the series. In case series of debentures is not applicable, enter the date of resolution authorizing the issue of debentures.
  • In case of modification of charge, describe the instrument modifying the charge and the date of modifying the charge.
  • In case of modification of charge, enter the particulars of the present modification. Ensure that correct particulars are entered as the same shall be displayed in the certificate of modification of charge.

 

Attachments:

  • Certified true copy of resolution authorizing the issue of the debenture series is a mandatory in case of creation of charge.
  • Instrument containing details of the charge created or modified is mandatory in all cases.
  • Order of the Central Government is mandatory in case eForm is being filed for rectification of charges.

 

Certificate

Certificate of registration of charge and certificate of registration for modification of charge are generated and sent to the user as an attachment to the email.

Fees:

In case of Indian company having share capital

Nominal Share Capital Fee applicable
Less than 1,00,000 Rupees 200
1,00,000 to 4,99,999 Rupees 300
5,00,000 to 24,99,999 Rupees 400
25,00,000 to 99,99,999 Rupees 500
1,00,00,000 or more Rupees 600

In case of Indian company not having share capital

Rupees 200

In case of foreign company

Rupees 6,000

 

Please note: I welcome your comments and feedback. This blog post is not a professional advice. Readers may share this post on social media by using buttons given here.

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2 responses to “CHG – 9

  1. Pingback: Index of Companies Law Posts | AishMGhrana

  2. Pingback: REGISTRATION OF CHARGES RULES | AishMGhrana

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