FILING OF FORM CHG-4 (Satisfaction) without Banker's Digital Signature on the
e-form?
e-form?
Satisfaction of Charge
When any company borrows any secured loan from any
banks or financial institution and repays the same then it is termed as “Satisfaction
of Charge” Thus as it is mandatory to report ROC regarding borrowing any loans
in form CHG-1 similarly on repayment of loan it is mandatory to report ROC
regarding satisfaction of such charge in form CHG-4.
banks or financial institution and repays the same then it is termed as “Satisfaction
of Charge” Thus as it is mandatory to report ROC regarding borrowing any loans
in form CHG-1 similarly on repayment of loan it is mandatory to report ROC
regarding satisfaction of such charge in form CHG-4.
Due date for Filing Form CHG-4
Form CHG-4 shall be filed within 30
days from the date of satisfaction of charge as per sec 82(1) of the Companies
Act, 2013 and Rule 8(1) of Companies(Registration of Charges) Rules, 2014. Due
date for Form CHG-4 is 30 days.
Additional Fees for CHG -4
Period of Delay |
Fees Applicable |
Up to 30 days |
2 times of normal fee |
More than 30 days and up to 60 days |
4 times of normal fee |
More than 60 days and up to 90 days |
6 times of normal fee |
More than 90 days and up to 180 days |
10 times of normal fee |
More than 180 days |
12 times of normal fee |
Condonation
of Delay for Satisfaction of Charge CHG -4
of Delay for Satisfaction of Charge CHG -4
Where any charge form CHG-4 is not filled within
300 days (30 days Plus 270 days as per sec 441 of the Companies Act, 2013) from
the date of satisfaction of charge the Registrar shall not register the same
unless the delay is condoned by the Central Government. Without Condonation of
delay charge cannot be registered with ROC.
300 days (30 days Plus 270 days as per sec 441 of the Companies Act, 2013) from
the date of satisfaction of charge the Registrar shall not register the same
unless the delay is condoned by the Central Government. Without Condonation of
delay charge cannot be registered with ROC.
FILING OF
FORM CHG-4 without Banker's Digital Signature on the e-form?
FORM CHG-4 without Banker's Digital Signature on the e-form?
Suppose , if a banker has not cooperated and
released NOC certificate for satisfaction of charge , then company has to pay
additional fees within 300 days and beyond 300 days , it has to condone the delay
with RD.
released NOC certificate for satisfaction of charge , then company has to pay
additional fees within 300 days and beyond 300 days , it has to condone the delay
with RD.
In such case
, what is the remedy available to companies whose bankers are not cooperating
in this regard?
, what is the remedy available to companies whose bankers are not cooperating
in this regard?
As per Section 82, Company is eligible to file the CH-4
Form and the ROC will then ask the banker to reply within 14 days for any objections
and if no objection is received, the charge will be closed by ROC...
Form and the ROC will then ask the banker to reply within 14 days for any objections
and if no objection is received, the charge will be closed by ROC...
Amended with
effect from 5th July 2018
effect from 5th July 2018
Section 82 OF CA 2013- Company to report
satisfaction of charge
satisfaction of charge
(1) A company shall give intimation to the
Registrar in the prescribed form, of the payment or satisfaction in full of any
charge registered under this Chapter within a period of thirty days from the
date of such payment or satisfaction and the provisions of sub-section(1) of
section 77 shall, as far as may be, apply to an intimation given under this
section.
Registrar in the prescribed form, of the payment or satisfaction in full of any
charge registered under this Chapter within a period of thirty days from the
date of such payment or satisfaction and the provisions of sub-section(1) of
section 77 shall, as far as may be, apply to an intimation given under this
section.
(2) The Registrar shall, on receipt of intimation
under sub-section (1), cause a notice to be sent to the holder of the charge
calling upon him to show cause within such time not exceeding fourteen days, as
may be specified in such notice, as to why payment or satisfaction in full
should not be recorded as intimated to the Registrar, and if no cause is shown,
by such holder of the charge, the Registrar shall order that a memorandum of
satisfaction shall be entered in the register of charges kept by him under
section 81 and shall inform the company that he has done so:
under sub-section (1), cause a notice to be sent to the holder of the charge
calling upon him to show cause within such time not exceeding fourteen days, as
may be specified in such notice, as to why payment or satisfaction in full
should not be recorded as intimated to the Registrar, and if no cause is shown,
by such holder of the charge, the Registrar shall order that a memorandum of
satisfaction shall be entered in the register of charges kept by him under
section 81 and shall inform the company that he has done so:
Provided that the notice referred to in this sub-section
shall not be required to be sent,In case the intimation to the Registrar in
this regard is in the specified form and signed by the holder of charge.
shall not be required to be sent,In case the intimation to the Registrar in
this regard is in the specified form and signed by the holder of charge.
(3) If any cause is shown, the Registrar shall
record a note to that effect in the register of charges and shall inform the
company.
record a note to that effect in the register of charges and shall inform the
company.
(4) Nothing in this section shall be deemed to
affect the powers of the Registrar to make an entry in the register of charges
under section 83 or otherwise than on receipt of an intimation from the
company.
affect the powers of the Registrar to make an entry in the register of charges
under section 83 or otherwise than on receipt of an intimation from the
company.
EVERY COMPANY HAS TO APPOINT A COMPLAINT OFFICER
& TO FRAME EQUAL OPPORTUNITY POLICY FOR TRANSGENDER PERSONS NOW
& TO FRAME EQUAL OPPORTUNITY POLICY FOR TRANSGENDER PERSONS NOW
The Transgender Persons (Protection of Rights) Act,
2019 & Transgender Persons (Protection of Rights) Rules, 2020 which came
into effect from 25th September, 2020
2019 & Transgender Persons (Protection of Rights) Rules, 2020 which came
into effect from 25th September, 2020
Any Government or private organization or
establishment including in the areas of education, employment, healthcare,
public transportation, participation in public life, sports, leisure and recreation
and opportunity to hold public or private office.
establishment including in the areas of education, employment, healthcare,
public transportation, participation in public life, sports, leisure and recreation
and opportunity to hold public or private office.
As per the Act and Rules every establishment is
required to take following action:
required to take following action:
a) Frame equal opportunity
policy for transgender persons giving required details.
policy for transgender persons giving required details.
b) Designate a person as Complaint Officer to deal
with complaints under the Act within 30 days of notification of the Rules, i.e.
by 24.10.2020.
with complaints under the Act within 30 days of notification of the Rules, i.e.
by 24.10.2020.
c) Provide specified facilities to transgender
persons.
persons.
d) Publish equal opportunity policy and display the
same including details of Complaint Officer preferably on its website, failing
which at conspicuous places of its premises.
same including details of Complaint Officer preferably on its website, failing
which at conspicuous places of its premises.
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