There are some charges on the properties which are created/acquired by a foreign company, FT Ltd. Whether this transaction requires registration of charges? Give any two examples of the transactions requiring registratio
CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · December 2023
There are some charges on the properties which are created/acquired by a foreign company, FT Ltd. Whether this transaction requires registration of charges? Give any two examples of the transactions requiring registration of charges. Also specify the Form No. in which the register of charges is to be kept at the register office.
Answer & Explanation:
Section 77(1) of Companies Act, 2013 states that it shall be the duty of every company creating a charge within or outside India, on its property or assets or any of its undertakings, whether tangible or otherwise, and situated in or outside India, to register the particulars of the charge signed by the company and the charge-holder together with the instruments, if any, creating such charge in Form CHG-1, on payment of such fees and in such manner as may be prescribed, with the Registrar within thirty days of its creation. The provisions of section 77 relating to registration of charges shall, so far as may be, apply to: a company acquiring any property subject to a charge within the meaning of that section; or any modification in the terms or conditions or the extent or operation of any charge registered under that section. Registration of charges by a foreign company: Yes, every company creating a charge or charges on properties which are created or acquired by any foreign company has to register the particulars of the charge signed by the company and the charge-holder together with the instrument. Examples of transactions requiring charge registration: Any two of the following examples can be given: The company is acquiring any property or assets whether tangible or not, which are subject to any charge; A charge is created within or outside India, on any of its undertakings; There is any modification in the terms or conditions or the extent or operation of any charge already registered; There are charges on properties which are created or acquired by any foreign company. Form No. for Register of Charges: Every company has to keep at its registered office a register of charges in Form CHG-7 , which shall include therein all charges and floating charges affecting any property or assets of the company or any of its undertakings.
Topics: Companies Act, 2013
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