Distinguish between 'Notice of a charge' and 'satisfaction of a charge'.
CS Executive · Company Law · PYQS · June 2016
Distinguish between 'Notice of a charge' and 'satisfaction of a charge'.
Answer & Explanation:
Distinction between 'Notice of a Charge' and 'Satisfaction of a Charge' Basis of Distinction Notice of a Charge Satisfaction of a Charge Legal Provision Section 80 of the Companies Act, 2013. Section 82 and Rule 8(1) of the Companies (Registration of Charges) Rules, 2014. Meaning It refers to the legal presumption that once a charge on any property or assets of a company is registered with the Registrar of Companies (RoC) under Section 77, any person subsequently acquiring such property, assets, or any interest therein is deemed to have full knowledge of that charge from the date of its registration. It refers to the act of informing the RoC that a registered charge has been fully paid off or satisfied by the company, or that the property charged has been released from the charge. Purpose To protect the interests of the charge holder (lender) by ensuring that any third party dealing with the company's assets is aware of the existing encumbrance. It provides constructive notice to the public. To update the public record (maintained by the RoC) that the company's obligation secured by the charge has been fulfilled, thereby releasing the company's assets from the encumbrance. This clears the company's title to the asset. Event Triggering Creation and registration of a charge by the company in favour of a lender. Full payment or discharge of the debt/obligation for which the charge was created. Filing Requirement The company files Form CHG-1 (for other than debentures) or CHG-9 (for debentures) for registration of the charge. Upon registration, the notice is deemed to be given. The company files Form CHG-4 with the RoC. Time Limit for Filing Within 30 days of the creation of the charge (extendable). Within 30 days from the date of payment or satisfaction in full of the charge. Effect The registered charge becomes a public record, and no one can claim ignorance of its existence. It establishes priority of the charge holder. The RoC issues a certificate of satisfaction of charge, and the charge is removed from the company's register of charges, making the asset free from encumbrance.
Topics: Charges
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