Registration of Charges - FD lien to bank against LC availed

[Amit K Saha & Associates]

A bank has granted LC to a company against lien of FD Receipts issued by the bank (same branch) itself. Is this charge required to be registered with the ROC under Companies Act,2013 ?

Does it require a special resolution to be passed by the company to register this charge?

Thanking in advance to all valuable responses,

Regards

CA Amit Kumar Saha

FCA, DISA, B.Com(H)

9831026881

[Nitin Agrawal]

Yes required to get registered in ROC. Only resolution of board
meeting not special regarding authority given to person for noting of
charge to roc

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With Regards,
N H Agrawal & Associates
CA Nitin Agrawal
Office No. 327, Gate No. 2, Poddar Court, 3rd Floor,
18, Rabindra Sarani,
Kolkata-700001
Cell: +919330102396

[Minu Tulsian]

Charge must be created and resolution has to passed but i don't think special resolution will be required .

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Regards,

Minu Tulsian

Company Secretary

Mob: 919830378809

e-mail:csminu....@gmail.com

[Avik Basak]

Dear Sir,

First of all check the sanction letter issued by the Bank. If the Bank
mentions Hypotehcation of Goods or Lien of FD in the security column,
then only the charge is required to be registered with ROC. Normally
if LCs are issued against 100% margin then charge is not at all
required to be filed with ROC.

[sanjay kumar dey]

Dear all,

The ROC charge creation is to be done once a year as per the sanction letter. Further board resolution as per section 180 of CA act 13.

Regards
CA Sanjay Dey

On Tue, 28 Jul 2015 10:58:40 +0530 Avik Basak wrote

>Dear Sir,



First of all check the sanction letter issued by the Bank. If the Bank

mentions Hypotehcation of Goods or Lien of FD in the security column,

then only the charge is required to be registered with ROC. Normally

if LCs are issued against 100% margin then charge is not at all

required to be filed with ROC.

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