Uma
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lochan
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Condonation of delay by Registrar: The Registrar may on an
application by the company allow registration of charge within three
hundred days of creation or modification of charge on payment of
additional fee. The Registrar may, on being satisfied that the company
had sufficient cause for not filing the particulars and instrument of
charge, if any, within a period of thirty days of the date of creation of
the charge, allow the registration of the same after thirty days but
within a period of three hundred days of the date of such creation of
charge or modification of charge on payment of additional fee. The
application for delay shall be made in Form No.CHG-10 and supported
by a declaration from the company signed by its secretary or director
that such belated filing shall not adversely affect rights of any other
intervening creditors of the company.
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Pushkala Santhanam
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The Proviso to Section 77(1) of the Companies Act, 2013 states that the Registrar may, on an application by the company allow registration of charge within three hundred days of creation or modification of charge on payment of additional fees.
The Registrar may, on being satisfied that the company had sufficient cause for not filing the particulars and instruments of charge, if any, within the period of 30 days of the date of creation of charge, allow the registration of the same after thirty days but within a period of three hundred days of the date of such creation or modification of charge on payment of additional fee.
The application for delay shall be made and supported by a declaration from the company signed by its secretary or director that such belated filing shall not adversely affect rights of any other intervening creditors of the company.
