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    Charge Creation

    Posted By : CS Shiriti / Published on : 20-Jul-2019 01:03 PM / View : 1092 / Comment : 0

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    Respected Members,

    Greetings for the day!!

    A listed company has availed vehicle loan from a Nationalised Bank/NBFC. The said vehicle has been offered to the Bank as security for due repayment and discharge of the loan facility. The company has executed requisite documents with the bank at the time of availing the loan facility.
    I request you to kindly clarify whether it is mandatory for the company to file Form CHG-1 with ROC / MCA for creating necessary charge in favour of the bank in connection with availing of vehicle loan facility.

    The bank officials are not insisting for creation of such charge.

    Some of my friends say creating charge is mandatory under the new act. Some say it is not mandatory, thus creating a confusion in my minds.
    In view of the above I request the members of this forum to kindly clarify my above said doubt.

    With regards
    Sudarshan Kahaliya
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