Do you wish to enter the particulars of charges into the register of charges to be kept by the company. The company registration charges is to be kept by your company under the act 2013.
Company registration charges
1. Remember that your company must maintain a Register of Charges at the registration office of your company.
2. Ensure that the prescribed particulars of all charges and floating charges exposing any assets or property of the company or any of its works are entered therein. This company registration charge is different from the Register to be maintained by the Registrar of Companies (ROC) under section 81 of the companies act 2013.
As per Rule 7 of the companies (Registration of Charges) Rules, 2014, all the charges (together with the modifications and satisfaction of charges) registered by the ROC will be deemed to be the Register aforesaid for the purpose of Section 81 of the 2013 Act.
The Register of Charges and the statutory duty under Section 85 is cast upon the company. If there is any default on the part of the company, the company and its officers in default will be liable for the same.
The following particulars entered in the said register of charges ought to be maintained by the company :
(a) the charge ID which would be issued only if the registration of charge with the ROC ; ipso facto, it implies that it is only the particulars of those charges that require registration which are required to be entered in the Register of Charges.
(b) the date of creation of the charge or the date of acquisition of the properties subject to charge. The particulars of the property charged or the properties acquired which are subject to charge.
(c) the date of company registration of the charge, period and amount secured by the charge ; particulars of charge holders ; terms and conditions of the charge.
(d) the description of the instrument creating the charge.
(e) the date of modification of the charge ; description of the instrument modifying the charge ; particulars of the modification and date of registration of the modification of charge.
(f) the date of satisfaction of the charge ; date of registration of the satisfaction of the charge ; details of condonation of delay. If any granted by the ROC / Central Government and reasons for delay.
Company registration satisfaction of charge
3. The entries in the Register of Charges preserved by the company shall be made directly. After the modification, creation or satisfaction of charge, as the case may be. However, when the particulars of company registration charge or modification of charge or as the case may be the date of registration of satisfaction of charge.
The particulars of delay and condonation of delay have to be entered. It must be done directly. After the registration or condonation as the case may be. Further the Company must preserve the Register as a permanent record.
The Register is open for inspection by any member or creditor by any other person on payment or without any payment of fees of the prescribed fees. As rules too do not prescribe any fee, it may be fixed by the company in case a person who is neither a member nor a creditor requires an inspection.
The inspection can be done only during the business hours of the company. The Articles of Association of a company may impose reasonable restrictions with regard to such inspections. If a person comes to Company Registration Offices and wants to have an inspection of the Register of Charges and finds that the company’s Register of Charges is not up to date, he may complain to the ROC.
4. Keep a copy of every instrument creating any charge at the registration office of the company along with Register of Charges. The instruments creating the charges are also open for inspection. The registration charges has been paid in to the following offices such as Coimbatore, Salem, Madurai and Chennai.
5. If any company contravenes any provision of Chapter VI of the 2013 Act. The company is punishable with a fine of Rs.1 Lakhs. But which may be increased to Rs.10 Lakhs.