Companies (Registration of Charges) Rules, 2017 notified by MCA

MCA Notifies the Companies (Registration of Charges) Rules, 2017; Forms CHG-1, CHG-4 and CHG-9 modified

The Ministry of Corporate Affairs (MCA) has notified the Companies (Registration of Charges) Rules, 2017 and has amended/ modified/ revised the formats of Form Nos. CHG-1, CHG-4 and CHG-9, as under:

Companies (Registration of Charges) Rules, 2017: MCA Notification dt. 7 Apr. 2017

G.S.R. 339(E).— In exercise of the powers conferred by 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. (1) These Rules may be called the the Companies (Registration of Charges) Rules, 2017. (2) (2) They shall come into force from the date of their publication in the Official Gazette (i.e. 10 Apr. 2017).

2. In the Companies (Registration of Charges) Rules,2014 (hereinafter referred to as principal rules), for Form No. CHG-1, the following Form shall be substituted:

FORM No. CHG-1

[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) of the Companies (Registration of Charges) Rules 2014]

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)

3. In the principal rules, for the Form No. CHG-4, the following form shall be substituted:

FORM No. CHG-4

[Pursuant to section 82(1) of the Companies Act, 2013 and Rule 8(1) of the Companies (Registration of Charges) Rules, 2014]

Particulars for satisfaction of charge thereof

4. In the principal rules, for the Form No. CHG-9, the following form shall be substituted:

FORM No. CHG-9

[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 of The Companies (Registration of Charges) Rules, 2014]

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

(please refer attachment for full format of above Forms)

Note:- The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i) vide number G.S.R. 248(E), dated the 31st March, 2014 and subsequently amended vide notification G.S.R 440(E) dated the 29th May, 2015.

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