After a lot of discussion, negotiation, submission of information and explanations. Enkebee Ltd was sanctioned term loan of ₹200 lakh by the corporate office of Unity Bank on 10th March, 2023. Charge was created on 12th
CS Executive · Company Law · PYQS · June 2024
After a lot of discussion, negotiation, submission of information and explanations. Enkebee Ltd was sanctioned term loan of ₹200 lakh by the corporate office of Unity Bank on 10th March, 2023. Charge was created on 12th March. 2023. Sayani, Senior Manager (Accounts) of the company, made entry in the register of charges on 19th March, 2023. Sayani believes that the register above shall have to be maintained for at least five years and the instrument creating the charge preserved for twelve years. Offer your comments referring to the provisions of the Companies Act, 2013.
Answer & Explanation:
In accordance with Section 85(1) of the Companies Act, 2013 read with Rule 10(2) of Companies (Registration of Charges) Rules, 2014 the entries in the register of charges maintained by the company shall be made forthwith after the creation, modification or satisfaction of charge, as the case maybe. Therefore, Sayani - Senior Manager (Accounts) ought to make entry in the Register of Charges maintained by the company in Form No CHG - 7 forthwith after creation of the same on 12th March, 2023. In accordance with Section 85(1) read with Rule 10(2) of Companies (Registration of Charges) Rules, 2014, the register of charges shall be preserved permanently and the instrument creating a charge or modification thereon shall be preserved for a period of eight years from the date of satisfaction of charge by the company. Thus, views of Sayani Senior Manager (Accounts) are not in order.
Topics: Charges
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