Section 130 - Register of charges to be kept by Registrar. - Companies Act, 1956

Register of charges to be kept by Registrar. 130. [1] [(1) The Registrar shall, in respect of each company, cause to be kept a register containing the particulars of all the charges requiring registration under this Part. (1A) Every company shall forward to the Registrar for being entered in the register kept under sub-section (1) the particulars of all the charges requiring registration under this Part in such form and manner, and after payment of, such fees as may be prescribed. [2] (1B) The particulars of the charges referred to in sub-section (1) shall relate to, (a) in the case of a charge to the benefit of which the holders of a series of debentures are entitled, such particulars as are specified in sections 128 and 129; (b) in the case of any other charge, (i) if the charge is a charge created by the company, the date of its creation, and if the charge was a charge existing on property acquired by the company, the date of the acquisition of the property; (ii) the amount secured by the charge; (iii) short particulars of the property charged; and (iv) the persons entitled to the charge. (1C) The pages of the register shall be consecutively numbered and the Registrar shall, ___ (a) cause to be kept in such register in the prescribed form the documents of charges filed in such form and manner as may be prescribed; [3] and (b) sign or initial every page of such register. (2) After entering the particulars of all the charges required under sub-section (1), the Registrar shall return the instrument, if any, or the verified copy thereof, as the case may be, filed in accordance with the provisions of this Part to the person filing it.] (3) The register kept in pursuance of this section shall be open to inspection by any person on payment of [4] [such fee as may be prescribed [5] ] for each inspection. -------------------------------------- Notes:- [1] Substituted by the Companies (Amendment) Act, 1988, section 19, w.e.f. 17-4-1989 for sub-sections (1) and (2) which read as under: "(1) The Registrar shall keep, with respect to each company, a register in the prescribed form of all the charges requiring registration under this Part, and shall on payment of the prescribed fee, enter in the register, with respect to every such charge, the following particulars: (a) in the case of a charge to the benefit of which the holders of a series of debentures are entitled, such particulars as are specified in sections 128 and 129; (b) in the case of any other charge (i) if the charge is a charge created by the company, the date of its creation; and if the charge was a charge existing on property acquired by the company, the date of the acquisition of the property; (ii) the amount secured by the charge; (iii) short particulars of the property charged; and (iv) the persons entitled to the charge. (2) After making the entry required by sub-section (1), the Registrar shall return the instrument, if any, or the verified copy thereof, as the case may be filed in accordance with the provisions of this Part, to the person filing the same." [2] See e-Form 8 alongwith fee of Rs. 50 as prescribed vide rule 6, Companies (Central Government's) General Rules and Forms, 1956. [ See e-Form No.10 of General Rules and Forms ] [3] See e-Form 8 alongwith fee of Rs. 50 as prescribed vide rule 6, Companies (Central Government's) General Rules and Forms, 1956.[See e-Form No.10 of General Rules and Forms] [4] Substituted by the Companies (Amendment) Act, 1988, section 19, w.e.f. 17-4-1989 for the words "a fee of one rupee". Vide rule 6 of the Companies (Central Government) General Rules and Forms, 1956, fee of Rs. 10 has been prescribed. [5] Fees prescribed is Rs. 10 vide rule 6, Companies (Central Government's) General Rules and Forms, 1956.