Companies (Registration of Charges) Second Amendment Rules, 2022

[29th August, 2022]

 

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:—

 

Rule - 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.

 

Rule - 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.

 

Rule - 3.

 

In the said rules, for Form No.CHG-1, the following Form shall be substituted namely: -

 

Form No. CHG-1

 

 

 

 

 

 

 

 

 

Form language

 

English              Hindi

 

 

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]

 

Refer instruction kit for filing the form All fields marked in * are mandatory

 

Entity’s Details

 

1.        *Corporate Identity Number (CIN) or Foreign Company Registration Number (FCRN)

 

 

2.        (a) *Name of the Company

 

*Address of the registered office or principal place of business in India of the company

 

*e-mail ID of the company

 

3.        (a) *This form is for registration of

 

    Creation of charge          Modification of charge

 

(b) *Charge ID of the charge to be modified or rectified

 

 

4.        *Whether the applicant is         Company   Charge holder

Details of charge instrument

 

5.        (a)* Date of the instrument creating or modifying the charge (DD/MM/YYYY)

 

* Nature, description and brief particulars of the instrument creating or modifying the charge

 

* Whether charge is created or modified outside India        Yes            No

 

6.        (a) Whether charge is modified in favour of asset reconstruction company (ARC)    Yes     No or assignee

 

(b) Whether charge holder is authorised to assign the charge as per the    Yes             No charge agreement

 

7.        Type of charge

 

(a)      *Description of the property charged indicating whether it is a charge on

 

§  Immovable property or any interest therein – Residential

 

§  Immovable property or any interest therein – Commercial

§  Immovable property or any interest therein – Others

§  Movable property - Equipment and Machinery

§  Movable property – Inventory

§  Movable property - Inventory (incl. Receivables)

§  Movable property - Motor Vehicle (Hypothecation)

§  Movable property - Ship or any share in a ship

§  Movable property – Others

§  Intangible – Goodwill

§  Intangibles – Trademarks

§  Intangible – Patent

§  Intangible – Licence

§  Intangible - Licence under a Patent

§  Intangible – Copyright

§  Intangible - Copyright under a Patent

§  Intangible – Designs

§  Intangible – IPR

§  Intangible – Others

§  Solely of Property situated outside India

§  Uncalled share capital

§  Calls made but not paid

§  Book debts

§  Others

 

(b)      If others, please specify

 

Details of charge holder

 

8.        (a)* Whether consortium finance is involved:           Yes             No If Yes, enter Lead Banker's Name

 

(b)* Whether joint charge involved	Yes	No
(c)* Number of charge holder(s)
(d) Whether Charges rank pari passu	Yes	No

 

List of the Charge holder (s)

 

 

9.        Particulars of the charge holder (in case charge is modified in favour of ARC or assignee, enter the particulars of ARC or assignee)

 

*Category

(Nationalised bank/Scheduled bank/Private Sector Bank/Financial institution/Non-banking financial company/Co-operative bank/Foreign bank/Individual/Others)

 

If others, please specify

 

*Name of the charge holder CIN (if applicable)

*Name

 

*Address Line 1

 

Address Line 2

 

*Country

 

*Pin code/Zip Code

 

*Area/ Locality

 

*City

 

*District

 

*State/UT

 

*E-mail ID

 

*Whether charge holder is having a valid Income Tax PAN          Yes    No Income Tax- Permanent Account Number (PAN)

 

BSR Code / Branch Code

 

Details of charge

 

10.     (a) *Maximum Amount secured by the charge

(In case the amount is in foreign currency, rupee equivalent to be stated) (in INR.).

(In case of modification of charge, enter the amount secured by the charge after such modification)

 

(b) *Maximum Amount secured by the charge in words

 

(c)  In case amount secured by the charge is in foreign currency, mention details

 

11.     Brief of the principal terms and conditions, extent and operation of charge

 

(a)      Date of Creating Security Interest by actual/ constructive deposit of title deeds within bank/ housing finance company (DD/MM/YYYY)

 

(b)      Borrower’s customer/account number

 

(c)      *Rate of interest

(d)      *Repayment term (in months)

 

(e)      *Terms of Repayment

 

(f)       Nature of facility

 

(g)      Date of Disbursement (DD/MM/YYYY)

 

(h)     Miscellaneous narrative information

 

(i)       *Margin

 

(j)       *Extent and operation of the charge

 

(k)      Others

 

 

Asset Details

 

12.     In case of acquisition of property, subjected to charge, furnish the details relating to the existing charge on the property so acquired

 

(a)      Date of instrument creating or evidencing the charge (DD/MM/YYYY)

 

(b)      Description of the instrument creating or evidencing the charge

 

(c)      Date of acquisition of the property (DD/MM/YYYY)

 

(d)      Charge ID

 

(e)      Amount of the charge (in INR)

 

(f)       Particulars of the property charged

 

 

13.     (a) *Short particulars of the property or asset(s) charged (including complete address and location of the property)

 

(b) Plot Unit / Dwelling Interest                                                        Plot     Dwelling Interest

(c) (i) Details of Plot Unit

 

 

(ii) Details of Dwelling Interest

 

 

(iii) Bounded by

*Survey number, GAT number, Khesra number; khweta number, Mouza number, Phase number or any other such similar representation in various states or union territories can be captured in this field.

 

(All the fields should be captured as appearing in the revenue record, flat no, house no, Municipal Office/Municipal Corporation / Grampanchayat are to be specified and also the area of the immovable property as well as boundaries)

 

14.     Description of document by which the company / borrower / third party acquire title

 

Number of title documents deposited by customer

 

 

15.     (a) *Whether any of the property or interest therein under reference is not registered     Yes           No in the name of the company

 

(b) (i) CIN / LLPIN of the company in whose name property or interest therein is registered (if applicable)

 

(ii) PAN of the Individual in whose name property or interest therein is registered (if applicable)

 

(iii) Name of entity / individual person in whose name it is registered

 

Other Details

16.     *Date of creation/last modification prior to the present modification (DD/MM/YYYY)

 

17.     *Particulars of the present modification (please ensure that the correct particulars are entered as the same shall be displayed in the certificate of modification of charge)

 

Attachments

 

Max 2 MB

*Instrument(s) of creation or modification of charge

 

Instrument(s) evidencing creation or modification of charge in case of acquisition of property which is already subject to charge together with the instrument evidencing

Max 2 MB

such acquisitions;

 

Max 2 MB

Optional attachment(s)- if any

 

 

Declaration

I am authorised by the Board of Directors of the Company vide resolution no.  dated

to sign                                  this is form and declare that all the requirements of Companies Act, 2013 and the rules made thereunder in respect of the subject matter of this form and matters incidental thereto have been complied with. I also declare that all the information given herein above is true, correct and complete and as per the attached charge instrument(s) or document(s) and nothing material has been suppressed. A copy of the attached charge instrument(s) or document(s) is/ are available at the registered office or principal place of business in India of the company.

 

I further declare that:

 

1.        the delay in filing the particulars of creation/modification, was accidental or due to inadvertence or some other sufficient cause and are or is not of a nature to prejudice the position of the charge holder, shareholders or creditors of the company;

 

2.        no prejudice would be caused to the charge holder(s) or any other creditor(s) of the company, if the delay is condoned;

 

3.        the company has not created or modified any other charge(s) whatsoever on the assets of the company, since the creation / modification of the present charge;

 

4.        the company is carrying on the business as on the date of filing this application and no proceedings to wind-up the company have commenced or are pending against the company;

 

5.        there is no litigation proceedings pending before any court of law for which condonation of delay is being filed;

 

6.        the company has not applied for striking off the name of the company from the register of Registrar of Companies

 

DSC BOX

To be digitally signed by

 

Director or manager or secretary or CEO or CFO or IRP/RP/Liquidator (In case of an Indian company) or an authorised representative (In case of a foreign company)

 

Designation

 

(Director/Manager/Company Secretory/CFO/ CEO/Authorised Representative/Authorised Representative IRP/RP/Liquidator)

 

DIN of the director; PAN of the manager or CEO or CFO or authorised representative or IRP/RP/Liquidator; or membership number of company secretary

 

Declaration

* I/we confirm that the attached charge instrument(s) or document(s) is/are true copies of the original which is/are available with the charge holder and/or assignee and all the information and particulars mentioned above are derived there from are concisely and correctly stated. I/we am/are duly authorised to sign this form.

 

I/we am/ are a multilateral/International financial institution who has/have been exempted from payment of income tax in India under the UN Privileges and Immunities Act.

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To be digitally signed by

 

Charge holder

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PAN of the charge holder to be digitally signed by ARC or assignee

 

PAN of the ARC or assignee

 

 

Certificate by Practicing Professional

 

I declare that I have been duly engaged for the purpose of certification of this form. It is hereby certified that I have gone through the provisions of the Companies Act, 2013 and rules thereunder for the subject matter of this form and matters incidental thereto and I have verified the above particulars (including attachment(s)) from the original/certified records maintained by the Company/applicant which is subject matter of this form and found them to be true, correct and complete and no information material to this form has been suppressed. I further certify that:

 

The said records have been properly prepared, signed by the required officers of the Company and maintained as per the relevant provisions of the Companies Act, 2013 and were found to be in order;

 

All the required attachments have been completely and legibly attached to this form.

 

 

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To be digitally signed by

 

             Chartered accountant (in whole-time practice) or

 

             Cost accountant (in whole-time practice) or

 

             Company secretary (in whole-time practice)

 

Whether associate or fellow:

   Associate     Fellow Membership number

Certificate of practice number

Note: Attention is drawn to provisions of Section 447, section 448 and 449 of the Companies Act, 2013 which provide for punishment for fraud, punishment for false statement/ certificate and punishment for false evidence respectively

 

For office use only:

 

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eForm Service request number (SRN)

 

eForm filing date (DD/MM/YYYY)

 

Digital signature of the authorising officer

 

This eForm is hereby registered

 

Date of signing (DD/MM/YYYY)

 

Or

 

This eForm has been taken on file maintained by the registrar of companies through electronic mode and on the basis of statement of correctness given by the filing company.

 

Rule - 4.

 

In the said rules, for Form No. CHG-4, the following Form shall be substituted namely:-

 

Form No. CHG-4

 

 

 

 

 

Form language

     English          Hindi

 

 

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]

 

Refer instruction kit for filing the form All fields marked in * are mandatory

 

Entity’s Details

 

1.        *Corporate Identity Number (CIN) or Foreign Company Registration Number (FCRN)

 

2.        (a) *Name of the Company

(b) *Address of the registered office or principal place of business in India of the company

(c) *e-mail ID of the company

 

3.        *Date of satisfaction of charge in full (DD/MM/YYYY)

 

4.        (a) Whether the form is being filed

(i)   *Beyond 30 days but within 300 days from the date of satisfaction         Yes        No

If yes, give reasons for the delay and mention the duration of delay

(ii)         *Beyond 300 days (if yes, an application will be required to be made to     Yes   No Central Government for extension of further time)

 

(b) *Whether the applicant is    Company   Charge holder

 

5.        (a) *Whether the charge is satisfied in favour of asset reconstruction company     Yes  No or assignee

 

(b) *Charge creation identification (ID) number

 

6.        Particulars of the charge holder or ARC or assignee

(a)      *Name of the charge holder

 

In case of others, CIN (if applicable)

 

*Name

 

*Address

*email id

 

 

 

(b)      Particulars of creation of original charge and subsequent modifications

 

(i)       *Charge creation date (DD/MM/YYYY)

 

(ii)      *Charge last modified date (DD/MM/YYYY)

 

(iii)     *Final amount secured (In case the amount is in foreign currency, rupee equivalent to be stated) (in INR)

 

(iv)    *Amount secured by the charge in words

 

(v)      *In case amount secured by the charge is in foreign currency, mention details

 

Attachments

 

(a)     

Max 2 MB

Optional attachment(s) - if any

 

 

Declaration

I am authorised by the Board of Directors of the Company vide resolution no.  Dated                 to sign this is form and declare that all the requirements of Companies Act, 2013 and the rules made thereunder in respect of the subject matter of this form and matters incidental thereto have been complied with. I also declare that all the information given herein above is true, correct and complete and as per the attached charge instrument(s) or document(s) and nothing material has been suppressed.

 

I further declare that:

 

1.        the delay in filing the particulars of satisfaction, was accidental or due to inadvertence or some other sufficient cause and are or is not of a nature to prejudice the position of the charge holder, shareholders or creditors of the company;

 

2.        no prejudice would be caused to the charge holder(s) or any other creditor(s) of the company, if the delay is condoned;

 

3.        the company has not created or modified any other charge(s) whatsoever on the assets of the company, since the satisfaction of the present charge, for which the application for condonation of delay is being filed;

 

4.        the company is carrying on the business as on the date of filing this application and no proceedings to wind-up the company have commenced or are pending against the company;

 

5.        there is no litigation proceedings pending before any court of law for which condonation of delay is being filed;

 

6.        the company has not applied for striking off the name of the company from the register of Registrar of Companies

 

DSC BOX

To be digitally signed by

 

Director or manager or secretary or CEO or CFO or IRP/RP/Liquidator (In case of an ndian company), an Authorised representative (In case of a foreign company)

 

Designation

(Director/Manager/Company Secretory/CFO/ CEO/IRP/RP/Liquidator/Authorised Representative) DIN of the director; PAN of the manager or CEO or CFO or IRP/RP/Liquidator or Authorised representative; or membership number of company secretary

 

Declaration

*I/we confirm that the attached charge instrument(s) or document(s) is/are true copies of the original which is/are available with the charge holder and/or assignee and all the information and particulars mentioned above are derived there from are concisely and correctly stated. I/we am/are duly authorised to sign this form.

 

I/we am/are a multilateral/International financial institution who has/have been exempted from payment of income tax in India under the UN Privileges and Immunities Act.

 

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To be digitally signed by

 

Charge Holder (financial institution or bank or debenture holder etc.) PAN

*Email ID

 

 

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To be digitally signed by

 

ARC or assignee PAN

 

Email ID

 

 

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To be digitally signed by

 

Designation PAN

Email ID

 

Certificate by Practicing Professional

 

I declare that I have been duly engaged for the purpose of certification of this form. It is hereby certified that I have gone through the provisions of the Companies Act, 2013 and rules thereunder for the subject matter of this form and matters incidental thereto and I have verified the above particulars (including attachment(s)) from the original/certified records maintained by the Company/applicant which is subject matter of this form and found them to be true, correct and complete and no information material to this form has been suppressed. I further certify that:

 

(i)       The said records have been properly prepared, signed by the required officers of the Company and maintained as per the relevant provisions of the Companies Act, 2013 and were found to be in order;

(ii)      All the required attachments have been completely and legibly attached to this form.

 

DSC BOX

To be digitally signed by

 

    Chartered accountant (in whole-time practice) or

 

    Cost accountant (in whole-time practice) or

 

    Company secretary (in whole-time practice)

 

 Whether associate or fellow:

 

Associate       Fellow

 

Membership number

 

Certificate of practice number

 

Note: Attention is drawn to provisions of Section 447, Section 448 and 449 of the Companies Act, 2013 which provide for punishment for fraud, punishment for false statement/ certificate and punishment for false evidence respectively.

 

For office use only:

 

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eForm Service request number (SRN)

 

eForm filing date (DD/MM/YYYY)

 

Digital signature of the authorising officer

 

This eForm is hereby registered

 

Date of signing (DD/MM/YYYY)

 

Or

This eForm has been taken on file maintained by the registrar of companies through electronic mode and on the basis of statement of correctness given by the filing company.

 

Rule - 5.

 

In the said rules, for Form No. CHG-6, the following Form shall be substituted namely:-

 

Form No. CHG-6

 

 

 

 

 

 

Form language

 

English          Hindi

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]

 

Refer instruction kit for filing the form All fields marked in * are mandatory

 

Entity’s Details

 

1.        *Corporate Identity Number (CIN) or Foreign Company Registration Number (FCRN)

 

2.        (a) *Name of the Company

 

(b) *Address of the registered office or of the principal place of business in India of the company

 

(c) *e-mail ID of the company

 

3.        (a) *This notice is being filed by

 

Person appointing receiver or manager                         Person appointed as receiver or manager

 

(b) *Type of notice        Appointment  Cessation

 

4.        Particulars of receiver or manager

 

*Income tax permanent account number (PAN)

 

*Name

 

Address

 

*Line 1

 

Line 2

 

*Country

 

*Pin code/Zip Code

 

*Area/ Locality

 

*City

 

*District

 

*State/ UT

 

 

5.        Date of appointment (DD/MM/YYYY)

6.        Date of cessation (DD/MM/YYYY)

 

7.        *Whether the appointment or cessation is       Pursuant to an order of the court           Pursuant to any instrument

 

8.        (a) *Number of charges

(b) Pursuance to an order of court

 

(c) Pursuance to an instrument

 

 

9.        (a) List of specified property of the company in case the appointment relates to specified property of the company Number of assets

 

 

(b) List of specified property of the company in case the appointment relates to income arising from specified property of the company

 

Number of assets

 

 

 

 

Attachments

 

Max 2 MB Choose File Remove Download         Max 2 MB Choose File Remove Download         Max 2 MB Choose File Remove Download

Copy of instrument appointing receiver/manager;

 

Copy of court order;

 

Optional attachment(s) - if any

 

Declaration

I declare that, whatever stated above is true correct and complete and nothing material has been suppressed including the attachments to this form. I am duly authorised to sign this form.

 

To be digitally signed by

 

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Person appointing receiver or manager PAN

 

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To be digitally signed by

 

Receiver or manager

 

PAN

 

 

 

Note: Attention is drawn to provisions of Section 447, Section 448 and 449 of the Companies Act, 2013 which provide for punishment for fraud, punishment for false statement / certificate and punishment for false evidence respectively.

 

For office use only:

 

eForm Service request number (SRN)

 

 eForm filing date (DD/MM/YYYY)

 

This eForm is hereby registered

	DSC BOX

 

Digital signature of the authorising officer

 

Date of signing (DD/MM/YYYY)

 

 

 

Rule -6.

 

In the said rules, for Form No. CHG-8, the following Form shall be substituted namely:-

 

Form No. CHG-8

 

 

 

 

 

Form language

 

   English       Hindi

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]

 

Refer instruction kit for filing the form All fields marked in * are mandatory

 

Entity’s Details

 

1.        *Corporate Identity Number (CIN) or Foreign Company Registration Number (FCRN)

 

 

2.        (a) *Name of the Company

 

(b) *Address of the registered office or principal place of business in India of the company

 

(c) *e-mail ID of the company

 

3.        *This form is for condonation of

   Delay in registration of satisfaction of Charge

 

   Rectification on account of Omission or mis-statement of any particular in respect of :

 

     Creation of Charge        Modification of Charge      Satisfaction of Charge

 

4.        *The application is made by:    Company     Any other interested person

 

5.        *Form no. of the relevant form          Form CHG-1   Form CHG-4       Form CHG-9

 

*SRN of the form selected above

 

Charge Details

 

6.        *Charge Identification Number (ID)

7.        (a) *Date of creation/modification/satisfaction of charge entered in the relevant form (DD/MM/YYYY)

 

(b)* Amount of charge created / modified / satisfied:

 

(c)* Name(s) of the charge holder(s)

 

(d)* Particulars of the property or asset(s) charged (including complete address and location of the property)

8.        *Reasons for delay/ omission/ mis-statement in filing and details of omission / mis-statement and the relief required

Attachments

 

(a)      *Instrument creating/modifying/satisfying the charge;

 

(b)      Affidavit

 

(c)      Confirmation from the charge holder

 

(d)      Optional attachment(s) - if any

 

 

Declaration (if applicant is company)

 I,                 am authorised by the Board of Directors of the Company vide resolution no

 

Dated                to give this declaration and to sign and submit this application. Further, I

do solemnly declare that I am the                                 (Director/Manager/Company Secretory/CFO/CEO/IRP/RP/Liquidator/Authorised Representative)

 

     and that:

1.        the delay in filing the particulars of satisfaction or omission or misstatement of any particulars with respect to creation/modification/satisfaction, was accidental or due to inadvertence or some other sufficient cause and are or is not of a nature to prejudice the position of the charge holder, shareholders or creditors of the company;

 

2.        no prejudice would be caused to the charge holder(s) or any other creditor(s) of the company, if the delay is condoned for satisfaction of charge or omission or misstatement is rectified;

 

3.        the company has not created or modified any other charge(s) whatsoever on the assets of the company, since the creation / modification of the present charge;

 

4.        the company is carrying on the business as on the date of filing this application and no proceedings to wind-up the company have commenced or are pending against the company;

 

5.        there is no litigation proceedings is pending before any court of law for which condonation of delay for satisfaction of charge is being filed;

 

6.        the company has not applied for striking off the name of the company from the register of Registrar of Companies.

 

To be digitally signed by

 

Director or manager or secretary or CEO or CFO or IRP/RP/Liquidator (In case of an Indian company) or an authorised representative (In case of a foreign company)

 

Designation

 

(Director/Manager/Company Secretory/CFO/ CEO/IRP/RP/Liquidator/Authorised Representative)

 

DIN of the director; PAN of the manager or CEO or CFO or IRP/RP/Liquidator

or authorised representative; or membership number of company secretary

 

Declaration (if applicant is any person other than the company)

 

I confirm that the delay in filing the particulars of satisfaction or omission or misstatement of any particulars with respect to creation/modification/satisfaction, was accidental or due to inadvertence or some other sufficient cause and are or is not of a nature to prejudice the position of the charge holder, shareholders or creditors of the company and all the information and particulars mentioned above are concisely and correctly stated.

 

DSC BOX

To be digitally signed by

 

Charge Holder PAN

 

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To be digitally signed by

 

ARC or assignee PAN

 

DSC BOX

To be digitally signed by

 

Designation

 

 PAN

 

 

 

Note: Attention is drawn to provisions of Section 447, section 448 and 449 of the Companies Act, 2013 which provide for punishment for fraud, punishment for false statement/ certificate and punishment for false evidence respectively.

For office use only:

 

eForm Service request number (SRN) eForm filing date (DD/MM/YYYY)

Digital signature of the authorising officer

 

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This eForm is hereby approved

 

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This eForm is hereby rejected Date of signing (DD/MM/YYYY)

 

 

Rule – 7.

 

In the said rules, for Form No. CHG-9, the following Form shall be substituted namely:-

 

Form No. CHG-9

 

 

 

 

Form language

 

  English         Hindi

 

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