MCA Form CHG-9 – Application for Registration of Creation or Modification of Charge
MCA Form CHG-9 – Application for Registration of Creation or Modification of Charge
MCA Form CHG-9 is an 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.
All companies must file particulars for registration of charges produced or changed to secure debentures, or rectification of particulars filed in respect of formation or alteration of charge on debentures, to the concerned Registrar of Companies within a prescribed time frame. The business or any individual in charge of the filing may also use MCA Form CHG-9 to correct any omissions or misstatements made in a previous filing.
Law Governing the eForm CHG-9
The new eForm CHG-9 is required to be filed according to Sections 71(3), 77, 78 & 79, and Section 384 of the Companies Act, 2013 and Rule 3 of Companies (Registration of Charges) Rules, 2014.
Section 71(3): Issue of Secured debentures
Section 71(3) specifies that Secured debentures may be issued by a company subject to such terms and conditions as may be prescribed.
For more details on Debentures under the Companies Act, 2013, click here
Section 77: Procedure for Registration of Charge for debentures
It shall be the duty of every company creating a charge within or outside India, on its property or assets or any of its undertakings, whether tangible or otherwise, and situated in or outside India, to register the particulars of the charge signed by the company and the charge-holder together with the instruments, with the Registrar within thirty days of its creation:
- Registrar may, on an application by the company, allow such registration to be made within 300 days of such creation on payment of such additional fees.
- If registration is not made within a period of 300 of particulars filed in respect of creation or modification of charge for debentures) of such creation, the company shall seek an extension of time following section 87:
- Any subsequent registration of a charge shall not prejudice any right acquired in respect of any property before the charge is registered.
If a charge is registered with the Registrar, he shall issue a certificate of registration to the person in whose favor the charge is created.
Section 78 of the Companies Act, 2013
If a company fails to register the charge within the period specified in section 77, the person in whose favor the charge is created may apply to the Registrar for registration of the charge along with the instrument created for the charge, within 14 days after giving notice to the company, unless the company itself registers the charge or shows sufficient cause why such charge should not be registered, allow such registration on payment of such fees, as may be prescribed:
IF the registration is effected on the application of the person in whose favor the charge is created, that person shall be entitled to recover from the company the amount of any fees or additional fees paid by him to the Registrar for registration of the charge
Section 79 of the Companies Act, 2013
The provisions of section 77 relating to registration of charges shall, so far as may be, apply to (a) a company acquiring any property subject to a charge within the meaning of that section; or (b) any modification in the terms or conditions or the extent or operation of any charge registered under that section.
Section 384 of the Companies Act, 2013
The provisions of section 71 shall apply mutatis mutandis to a foreign company.
Rule 3 of Companies (Registration of Charges) Rules, 2014
For registration of charge as provided in sub-section (1) of section 77, section 78, and section 79, the particulars of the charge together with a copy of the instrument, if any, creating or modifying the charge in Form No.CHG-1 (for other than Debentures) or Form No.CHG-9 (for debentures including rectification), as the case may be, duly signed by the company and the charge holder and filed with the Registrar within thirty days of the date of creation or modification of charge along with the fee
Purpose of the MCA Form CHG-9
All the companies are required to file particulars for registration of charges created or modified to secure debentures or rectification of particulars filed in respect of creation or modification of charges on debentures within a specified period to the concerned Registrar of Companies.
Every charge that is created or modified by the company is required to be filed in eForm CHG-9 to the concerned RoC in the case of an Indian Company and RoC, Delhi in the case of a foreign company. EForm CHG-9 can also be filed by the company or any person interested in charge of rectifying any omission or misstatement done in any previous filing.
Importance of MCA Form CHG-9
- Form CHG-9 form assures the modification or rectification of debentures of the companies.
- It makes clear the terms and conditions of a debenture that has already been registered, and what needs to be rectified.
- Assets are attached with debenture so rectification and modification are very important for the benefit of the business.
Applicable Fee Details
The fee details for intimating the Director Identification number by the company to the Registrar are tabulated here. The fee rates are provided as per the Companies (Registration of Offices and Fees) Rules, 2014
Fee for Company having Share Capital
|
Sl.No |
Nominal Share Capital |
Fee Applicable |
|
1 |
Less than 1,00,000 |
Rs.200 |
|
2 |
1,00,000 to 4,99,999 |
Rs.300 |
|
3 |
5,00,000 to 24,99,999 |
Rs.400 |
|
4 |
25,00,000 to 99,99,999 |
Rs.500 |
|
5 |
1,00,00,000 or more |
Rs.600 |
Fee for Company not having Share Capital
In case the company does not have a share capital, the fee for intimating the DIN by the company to the Registrar is Rs.200 per document.
Additional Fee Details
| Sl.No | Period of Delays | Fee Applicable |
| 1 | Up to 15 days | 1 time of normal fees |
| 2 | More than 15 days and up to 30 days | 2 times of normal fees |
| 3 | More than 30 days and up to 60 days | 4 times normal fees |
| 4 | More than 60 days and up to 90 days | 6 times normal fees |
| 5 | More than 90 days and up to 180 days | 10 times of normal fees |
| 6 | More than 180 days | 12 times normal fees |
Documents required for Filing MCA Form CHG-9
To file eForm CHG-9, the company needs to attach the following documents:
- A certified true copy of the resolution authorizing the issue of the debenture series is mandatory in case of the creation of charge.
- The instrument containing details of the charge created or modified is mandatory in all cases.
- Order of the Central Government is mandatory in case eForm is being filed for rectification of charges
Procedure for Filing eForm CHG-9
The following steps can be used for filing MCA Form CHG-9 on the MCA portal.
- The applicant needs to access the official website of the Ministry of Corporate Affairs to file Form CHG-9. By login into the portal, the applicant can upload the Form CHG-9
- After login to the portal, enter a valid ‘Corporate identity number (CIN) or foreign company registration number (FCRN) of the company
- Select the purpose of the eForm out of the three options available i.e. creation of charge, modification of charge, or rectification of charge
- Select the type of debenture for which the registration is being filed.
- Enter the SRN of the eForm CHG-9 or old form 10 for which rectification is being filed. Please note that the SRN entered should be of an approved eForm CHG-9/Old Form 10
- Enter the SRN of the eForm CHG-9 or old form 10 for which rectification is being filed. Please note that the SRN entered should be of an approved eForm CHG-9/Old Form 10
- In case the eForm is to be filed for modification or rectification of charge, enter the charge identification number allotted at the time of registration of the charge.
- Enter the SRN of eForm INC-28 filed for intimation to Registrar for notice of the order of Central Government for such rectification. Please note that the SRN should be an approved one
- Select one of the options for which rectification is required to be sough
- Details of the applicant
- Select whether the applicant is a company or a charge holder. The charge holder can file this eForm only after 30 days from the date of creation or modification of charges.
- Condonation of delay is required for further extension of time from the Central Government in case the eForm is being filed beyond 300 days.
- Number of trustee(s) of Debenture holders or charge holder(s)
- Date of creation of Charge
- Date of a resolution authorizing the issue of the series
- Description of the instrument modifying the charge
- Date of instrument identifying the charge
Declaration and Designation
- Select any one of the options from the drop-down values for declaration and digitally sign the Form CHG-9.
- In case the person digitally signing the eForm is a Director – Enter the approved DIN.
- In case the person digitally signing the eForm is a Manager/CEO/CFO or authorized representative Enter approved DIN or valid income-tax PAN.
- In case the person digitally signing the eForm is· Company Secretary – Enter valid membership number.
Upload Documents
- By clicking on the attach button, the required document can be uploaded, and click on the pay the payment button for making the fee.
- On successful submission of Form CHG-9, the eForm will be processed by the office of the Registrar of Companies.
SRN Generation
SRN will be generated and displayed to the applicant on successful submission of Form CHG-9. This SRN will be used for future correspondence with MCA.
Challan Generation
On successful submission, a challan will be generated depicting the details of the fees paid by the user to the Ministry. It is the acknowledgment to the applicant that Form CHG-9 has been filed.
Get Acknowledgement
When Form CHG-9 is completely processed by the authority, an acknowledgment will be sent to the official mail of the company.
Get a Certificate Certificate of Registration of Charge
Certificate Certificate of registration of charge and certificate of registration for modification of charge is generated and sent to the user as an attachment to the email.
