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X Co. has taken Loan from NBFC, issued Debentures and executed Debenture Trust Deed.( DTD). Y Co has given its security to secure Loan and there by secure Debentures and party to DTD Reading of 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), Query : Whether Y Co shall required to file CHG-1 or CHG-9 ? 1. Now in this case though Y. Co is not issuing Debentures , but it shall create charge to secure Debentures issued by X Co. 2. Section 77 and Rule 3 , does not speak about Issuer of Deb., it specifies Charge creating Instrument 3. Eform filing is Instrument specific and not issuer specfic Hence as per section and Rules Y. Co shall file CHG-9, instead of CHG-1 Kindly share your views

Section 77- Duty to register charges, etc.

Posted By: Mandar 7 year(s) ago

This question has been closed if you want to answer,you have to re-open.


    Shivam Singhal

Only X co. need to file Form CHG-9

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