1.Prior to knowing about the procedure for making application to central government. It is necessary to have an idea of major compliance requirements under the act 2013. Which are given under for ease of rectification and understanding.
Rectification of register of charges
2. Charges – Creation, Modification and Satisfaction
(a) Filing of charges created by the company with the Registrar of Companies (ROC) in e-form and registered duly. Obtaining a certificate of registration in form.
(b) Filing any modification of those charges with the ROC in e- Form and registered duly. Obtaining a certificate of registration in form.
(c) Filing of satisfaction of those charges with the ROC in e-Form and registered duly. Obtaining a certificate of registration in form.
3. Charges of securing debentures – Creation, Modification and Satisfaction
(a) Filing of charges created by the company with the ROC in e- Form for securing debentures and registered duly. Obtaining a certificate of registration in form.
(b) Filing any modification of those charges with the ROC in e- Form for securing debentures and registered duly. Obtaining a certificate of registration in form.
(c) Filing of satisfaction of those charges with the ROC in e-Form and registered duly.Obtaining a memorandum of satisfaction of charge of registration in form.
4. The specific properties received subject to charges. Any satisfaction or modification of such charges in a company.
(a) Filing of specific properties are received subject to charges with the ROC in e- Form and registered duly. Obtaining a certificate of registration in form.
(b) Filing of any modification of such charges with the ROC in e- Form and registered duly. Obtaining a certificate of registration in form.
(c) Filing of satisfaction of such charges with the ROC in e-Form and registered duly.Obtaining a memorandum of satisfaction of charge of registration in form.
5. Cessation of receiver or manager or notice of appointment
(a) Giving notice of appointment of receiver or manager.
(b) Giving notice of cessation of office of receiver or manager.
6. Application for condonation of delay upto 300 days.
(c) Making application to the ROC in e-Form for getting any delay. The 300th day from the date of creation or modification.The charges are created by the company for securing debentures. Getting the charges and modification of charges is duly registered.
7. Entries in the Register of Charges
(a) Making entries in the register of charges of creation, modification and satisfaction of charges. In the pursuance of section 85 of the companies act 2013.
8. Application to the government for condonation of delay or rectification of omission or misstatement in registered charges for rectification.
(a) Making application in e-Form for getting any delay beyond. The 300th day from the date of satisfaction or modification or creation of any charge. Whether created by the company for securing debentures.The delay is beyond 300 days from the date of getting of properties subject to charge. Getting the charges and modification of charges is duly registered in a company.
9. Except as regards
(a) giving notice of appointment of receiver or manager
(b) entering requisite particulars in the register of charges. All other particulars must be filed within the prescribed time limit.
12. If there is any
(a) The specific of any charge established by a company or modification of such charge. Any charge subject to which any property has been shared by a company.
(b) Under this chapter the time required to register any charge within the omission. Under this chapter the time required to register the satisfaction of charge.
13. If the government is satisfied the omission or misstatement mentioned in the applicant was
(a) due to inadvertence or accidental or some other sufficient cause. It is not of a nature to bias.They shareholders of the company or position of creditors.
(b)If the government thinks it fit that it is just and equitable to grant relief. It may subject to such terms and conditions as it may seem to the government. The registration of the charge with the time for filing of the particulars. The giving of intimation of payment or satisfaction shall be extended. The omission or misstatement shall be rectified.
14. It must be noted that, when the government for registration of a charge extends at the time. Before the charge is actually for their company registration.
15. The fee payable on e-Form for rectification
16. The e-Form must be filled up with all requisite details. It must be accompanied by the board resolution. If any other authorization in favor of the person who is submitting the application. If so thought fit by such person, to enclose the said application. The authorization in favor of a professional such a cost accountant or chartered accountant or company secretary. They represent the applicant. Before the regional director and present and plead the case of the applicant.
17. Under the sub-section(1) of section 87 of the 2013 act the order passed by the government. It is filed with the registrar in form. (Registration of charges) Rules, 2014.
18. While filing up the e-Form CHG-8, state whether the applicant is for condition of :
(a) Satisfaction of charge
(i) Creation of charge
(ii) Modification of charge
(iii) Delay in registration of
19. In the e-Form CHG-8, please note to state the following :
(a) The exact reason for omission/delay/misstatement in filing.
(b) However, finish the details of omission/ misstatement is fully . Mention clearly the relief that is being sought.
20. Please ensure that the application in e-Form CHG-8 is accompanied by the following enclosures:
(a) Satisfying the charge/Instrument creating/ modifying/
(c) Letter of authorisation
(d) Copy of declaration of the board declaring the registration of the application and appointing the authorized representative.
(e) Confirmation from the charge-holder
(f) Annual return and Balance sheet of financial years rectification is done.
21. Usually there will no difficulty in getting the delay condoned. If there are no contesting claimants. However, if any charge has been created on the same property in favor of another person. This has been for their loan or any other obligation. The effect of sub-section (2) of section 87 of the 2013 act.
22. The applicant must make certain standard declarations as a matter of per-requisite in order to be entitled to the grant of prayers in its application. Those standard declarations are given below :
(a) The delay in filing the particulars of creation/satisfaction/modification or omission or misstatement. It was accidental some other sufficient cause or due to inadvertence. It is not of a nature of bias. The place of the shareholders, charge holder or creditors of the company. The registration of charges is placed in Coimbatore registration office.
(b) There is no bias would be caused to the charge holders. If the delay is omitted or condoned or misstatement is rectified. Any other creditors of the company
(c) The registration company has not modified or established any other charges. Only the assets of the company for their registration had being done.
(d) The company is having on the business on the date of filing.This registrations of an application and no proceedings to wind-up the company have registered are pending against the registration company.
(e) There is no litigation proceeding unfinished. The delay is being registered. The company has not assigned for striking off the name of the company from the register of the ROC. If the charges are being creation/modification, then the registration takes place in their office in Coimbatore, Chennai, Madurai and Salem.
23. The e-Form should be enclosed as an attachment to an e-Form RD-2 which operates like a covering letter to the e-Form.