What are the effects of non-registration of a charge?
A Charge means an interest or lien created on the property and assets of the company or any of its undertakings or both as security and includes a mortgage. When a charge created on the property and assets of a company is registered by ROC, it is a notice of such charge to the public…
Read article CERSAI Rules make mandatory registration of charges of every kind
CERSAI (Central Registry of Securitisation Asset Reconstruction and Security Interest) registration is mandatory for all types of security interests created on assets, including mortgages, securitization, and asset reconstruction. This includes loans secured by properties or other assets. The registration must be done by the lender within 30 days of creating the security interest.Section 17 to…
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After delay in filing of registration of the charge: Condonation route
Condonation of delay by Registrar of Companies: If a company is unable to file the registration of charge within a period of thirty days of the date of creation of the charge/modification of charge, it may prepare an application in the form CHG-10 supported by a declaration from the company signed by the company secretary…
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What is the difference between Hypothecation and Mortgage?
The lender’s right to the term “Hypothecation of assets” is not defined anywhere in the statute. Some courts have even compared hypothecation to the mortgage of movables. Hypothecation of assets is defined in SARFAESI ordinance 2002 as under; “a charge in or upon any movable property, existing or future, created by a borrower in favour…
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Charge creation: Assignment, Lien, Set-off, Hypothecation, Pledge, Mortgage,Actionable claim, and Trust receipt
The article explains various types of charges created by banks to establish their rights over the specified security when the borrower defaults. The charge creation means establishing the lender’s right to recover from the specified assets of the borrower, in case the recovery is difficult in the normal course. The mode of bank charge on…
What is the meaning of fixed charge,floating charge and crystallization of charge?
The Fixed charge is a charge on a defined property offered to the lender as security which should be clearly identifiable. During the existence of fixed charge, the borrower cannot change either the nature/identity of the property or otherwise dispose off the property. The securities commonly covered under fixed charge are a mortgage of immovable properties…
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