Noble Ltd has borrowed on various occasions from banks and institutions by securing its assets against the loans. Advise the company on the requirements of the Act relating to the register to be maintained by the Company

CS Professional · Advanced Company Law and Practice · PYQS · December 2018
Noble Ltd has borrowed on various occasions from banks and institutions by securing its assets against the loans. Advise the company on the requirements of the Act relating to the register to be maintained by the Company for the charges filed.

Answer & Explanation:

As per Section 85 of the Companies Act, 2013, every company shall maintain at its registered office a register of charges in Form CHG-7 which shall include therein details of all charges including floating charges affecting any property or assets of the company or any of its undertakings, indicating in each case such particulars as may be prescribed. The entries in the register of charges maintained by the company shall be made forthwith after the creation, modification or satisfaction of the charge, as the case may be. Such register of charges shall contain the particulars of all the charges registered with the Registrar on any of the property, assets or undertaking of the company and the particulars of any property acquired subject to a charge as well as particulars of any modification of a charge and satisfaction of charge. All the entries in the register shall be authenticated by a director or the secretary of the company or any other person authorized by the Board for the purpose. 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 the charge made by the company. A copy of the instrument creating the charge shall also be kept at the registered office of the company along with the register of charges. The register of charges and instrument of charges shall be kept open for inspection during the business hours by members or creditors without fees or any other person on payment of a fee, subject to reasonable restriction as the company may by its articles impose.

Topics: Charges

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