Form CHG-1 & CHG-10 Declaration Query_Charge after 30 days but within 300 days

[Lakshay Sethi]

Hello Everyone,

 

Has anyone filed Form CHG-1 after 30 days but within 300 days .

If yes, then the Form asks for the Reason for delay.

 

Please suggest some sufficient reason for the same.

 

Further on reading Section 77 of the Companies Act, 2013, the Section provides that 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.

 

Whereas no such Form or any Format has been prescribed under Companies Act, 2013.

 

So, Is it mandatory to attach the Declaration in Form CHG-10 while filing form CHG-1 or whether we can just file Form CHG-1 without CHG-10 declaration and will there be any consequence for the same.

 

Kindly suggest.

Thanks & Regards, 

Lakshay Sethi 

Mob No. +91- 7053054905

Every 3,000 sheets of paper cost a tree.

P “Please take care of the environment, print only if necessary”

[Peer Mehboob]

I have filed Form CHG-1 beyond the period of 30 days by giving a general reason that it was a procedural delay. The delay beyond 30 days is condoned by ROC after levying additional fees. Further, there is no Form CHG-10 prescribed under the Companies Act, 2013 for condonation of delay by ROC. Form CHG-9 is the last form in the chapter of Charges. There is a confusion raised regarding Form CHG-10 because, ICSI has in its guidance notes of Registration of Charges mentioned CHG-10 in Rule 4 of Companies(Registration of Charges) Rules, 2014. However, there is no such form in the Companies Rules of Registration of Charges. As per Rule 4, only CHG-1 is sufficient for making application for delay beyond 30 days.

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[LALANA KINI]

We have filed CHG1 beyong 30 days and within 300 days mentioning the reason as IN INADVERTENT AND NOT WILL FULL.

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[cs.laks...@gmail.com]

Dear Sir, 

Thanks for your response. 

The Section and the Rule 4 of Registration of Charges Rules, 2014 clearly states that you need to attach a declaration also along with the reason for delay. 

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[Debanshu Deb]

You can mention " Due to Technical Reasons". No problems have occurred till date in any CHG-1 filed by me. Further, no CHG-10 required. Just tick the boxes - where it is quoted that the delay is unintentional etc. etc.