Draft of letter to ROC to apply register the charge by Charge holder
Prakash Joshi
SURENDER HARSH
To,
The Registrar of Companies
[Address of the ROC Office]
[City, State, PIN]
Subject: Application for Registration of Charge under Section 78 of the Companies Act, 2013
Ref: Name of the Company: [Company Name]
CIN: [Company Identification Number]
Charge Details: [Brief Description of Charge]
Dear Sir/Madam,
We, the undersigned, are shareholders of [Company Name], incorporated under the Companies Act, 2013, with its registered office at [Registered Office Address].
This is to bring to your notice that the company had availed financial assistance from [Name of the Lender/Charge Holder], amounting to [Amount], for which a charge was required to be created on the company’s assets as per the terms of the agreement dated [Date]. However, despite the obligation under Section 77 of the Companies Act, 2013, the company has failed to register the said charge with the ROC.
We have made repeated requests to the board of directors of the company to fulfill their statutory duty under the law, but they have not taken any steps to register the charge. This inaction constitutes a default and is detrimental to the interests of the stakeholders, including shareholders and creditors.
Under Section 78 of the Companies Act, 2013, where a company fails to register a charge, the charge-holder or interested parties have the right to apply for the registration of such a charge. As shareholders, we wish to exercise our right to ensure compliance with the law and safeguard the interests of the company and its stakeholders.
We kindly request the Registrar to take the necessary steps to allow us to register the said charge in accordance with the provisions of the Companies Act, 2013. We have enclosed all the requisite documents for your reference and further action, including:
- Copy of the charge agreement dated [Date].
- Details of the charge, including particulars of assets charged.
- Evidence of the company’s inaction despite repeated reminders.
- [Any other relevant documents].
We would be grateful if you could acknowledge this application and guide us through the subsequent process for the registration of the charge.
Thank you for your attention to this matter.
Yours faithfully,
[Your Name]
(Shareholder)
[Designation, if applicable]
[Contact Details]
CC:
[Name of Charge-holder/Lender]
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Prakash Joshi
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Rajesh
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Prakash Joshi
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