XYZ Limited has office building in London. The company has been granted a term loan of ₹15 crore from a Bank. The company wants to mortgage office building of London. Examining the provisions of the Companies Act, 2013,

CS Executive · Company Law · PYQS · June 2017
XYZ Limited has office building in London. The company has been granted a term loan of ₹15 crore from a Bank. The company wants to mortgage office building of London. Examining the provisions of the Companies Act, 2013, answer the following: (i) Whether the company can mortgage the above office building? (ii) Whether a charge can be created for property situated outside India?

Answer & Explanation:

In accordance with the provisions of the Companies Act, 2013, as contained in section 77(1), 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 thirty days of its creation. Therefore, XYZ Limited can mortgage the office building of London (UK) according to Rule 3 of Companies (Registration of Charges) Rules, 2014; e-form prescribed for the purpose of creating the charge is Form No. CHG-1 and it will be filed within the prescribed period.

Topics: Company Law

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