CAIIB · BRBL

Creation, Registration and Satisfaction of charges

Chapter notes, video classes, MCQ practice tests and quick-revision one-liners for Banking Regulations and Business Laws — CAIIB.

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Q

What is a 'charge' in the context of company law and banking?

A

A charge is a security interest created on the assets or property of a company in favour of a creditor (such as a bank) to secure repayment of a debt or obligation.

Q

What is Form CHG-1 used for under the Companies Act, 2013?

A

Filing particulars of creation or modification of charge with ROC.

Q

Which Act governs the creation and registration of charges by companies in India?

A

The Companies Act, 2013 governs the creation, registration, modification, and satisfaction of charges by companies in India.

Q

What is the time limit for the charge-holder to register a charge if the company fails to do so?

A

Charge-holder can register within 30 days after the company's default period.

Q

Within how many days must a company register a charge with the Registrar of Companies (ROC) after its creation?

A

A company must register a charge with the ROC within 30 days of its creation; a further extension of 30 days (total 60 days) is permitted with additional fees under the Companies Act, 2013.

Q

What is the maximum extended period allowed by the Registrar for registration of a charge?

A

Registrar may allow extension up to 300 days from date of creation of charge.

Q

What is the consequence of non-registration of a charge created by a company?

A

A charge that is not registered becomes void against the liquidator and any creditor of the company, meaning the lender loses priority and secured status against those parties.

Q

What certificate is issued by the ROC upon registration of a charge?

A

ROC issues a Certificate of Registration of Charge.

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