Zinc Ltd. has acquired an immovable property in London and created a Charge in favour of a Bank in UNITED KINGDOM for having availed a loan against the said property under the Companies Act of United Kingdom on September

CS Executive · Company Law · PYQS · December 2018
Zinc Ltd. has acquired an immovable property in London and created a Charge in favour of a Bank in UNITED KINGDOM for having availed a loan against the said property under the Companies Act of United Kingdom on September 30th 2018. Advise whether the company has to create a charge under the provisions of the Companies Act, 2013 in India also ?

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 such form, on payment of such fees and in such manner, as may be prescribed, with the Registrar within 30 days of its creation.

Topics: Registration of Charges

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