NEW CHARGE FORMS (CHG-1, CHG-4, CHG-8 & CHG-9) NOTIFIED BY MCA
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
NOTIFICATION
DATED : 29.08.2022
G.S. R. …….. (E).— In exercise of the powers conferred by sections 77,78, 79,81,82,84,85,87 read with sub- sections (1) and (2) of section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Registration of Charges) Rules, 2014, namely:?
1. Short title and Commencement. – (1) These rules may be called the Companies (Registration of Charges) Second Amendment Rules, 2022.
(2) They shall come into force from the date of their publication in the Official Gazette.
2. In the Companies (Registration of Charges) Rules, 2014 (hereinafter referred to as the said rules), after rule, 12, the following rule shall be inserted, namely:?
“13. Signing of charge e-forms by insolvency resolution professional or resolution professional or liquidator for companies under resolution or liquidation. ?
The Form No.CHG-1, CHG-4, CHG-8 and CHG-9 shall be signed by Insolvency resolution professional or resolution professional or liquidator for companies under resolution or liquidation, as the case may be and filed with the Registrar.
3. In the said rules, for Form No.CHG-1, the following Form shall be substituted namely: –
Form No. CHG-1
Application for registration of creation, modification of charge (other than those related to debentures) including particulars of modification of charge by Asset Reconstruction Company in terms of Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI)
[Pursuant to sections 77,78 and 79 and pursuant to Section 384 read with 77,78 and 79 of the Companies Act, 2013 and Rule 3(1) and 13 of the Companies (Registration of Charges) Rules 2014]
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4. In the said rules, for Form No. CHG-4, the following Form shall be substituted namely:-
Form No. CHG-4
Particulars for satisfaction of charge thereof
[Pursuant to section 82(1) of the Companies Act, 2013 and Rule 8(1) and 13 of the Companies (Registration of charges) Rules 2014]
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5. In the said rules, for Form No. CHG-6, the following Form shall be substituted namely:?
Form No. CHG-6
Notice of appointment or cessation of receiver or manager
[Pursuant to section 84(1) and pursuant to Section 384 of the Companies Act, 2013 and Rule 9 of the Companies (Registration of charges) Rules 2014]
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6. In the said rules, for Form No. CHG-8, the following Form shall be substituted namely:-
Form No. CHG-8
Application to Central Government for extension of time for filing particulars of registration of satisfaction of charge OR for rectification of omission or misstatement of any particular in respect of creation/ modification/ satisfaction of charge
[Pursuant to section 77(1) read with 87 of The Companies Act, 2013 and rule 12(2) and 13 of The Companies (Registration of charges) Rules 2014]
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7. In the said rules, for Form No. CHG-9, the following Form shall he substituted namely:-
Form No. CHG-9
Application for registration of creation or modification of charge for debentures or rectification of particulars filed in respect of creation or modification of charge for debentures
[Pursuant to sections 71(3), 77,78 & 79 and pursuant to Section 384 read with 71(3), 77, 78 and 79 of The Companies Act, 2013 and Rule 3 and 13 of The Companies (Registration of charges) Rules 2014]
