Rule 5D - Section 109A. - Companies (Central Government’s) General Rules and Forms, 1956

Section 109A. 05D. For the purposes of section 109A(1) a nomination shall be in Form 2B, set forth in Annexure A.] [1] [6. Sections 125, 127, 128, 130, 132, 135 and 138 (a) The prescribed particulars together with copy of the instrument creating the charge or modification thereof or satisfaction of charge shall be filed with the Registar in Form 8, or Form 10, or Form 17, as the case may be, in triplicate. (b) A copy of every instrument evidencing any charge or modification of charge and required to be filed with the Registrar in pursuance of section 125, 127, 128 or 135 shall be verified as follows: (i) Where the instrument or deed relates solely to property situate outside India, a copy shall be verified by a certificate either under the seal of the company, or under the hand of a responsible officer of the company, or under the hand of some person interested in the mortgage or charge on behalf of any person other than the company, stating that it is a true copy. (ii) Where the instrument or deed relates, whether wholly or partly, to property situate in India, the copy shall be verified by a certificate or a responsible officer of the company stating that it is true copy or by a certificate of a public officer given under and in accordance with the provisions of section 76 of the Indian Evidence Act, 1872. (c) Form 13 shall be filed in triplicate, alongwith the relevant Form 8 or Form 10, or Form 17, as the case may be, with a fee of rupees [2] [fifty]. (d) Form 8, or Form 10, or Form 13, or Form 17, as the case may be, shall be signed on behalf of the company and the charge holder. (e) For the purposes of section 132, the Registrar shall affix stamp on the relative Forms and accompanying instruments with the word 'Registered' under his signature with date and a copy thereof be delivered to the company and the chargeholder. (f) The register kept in pursuance of sub-section (3) of section 130 shall be open for inspection by any person on payment of a fee of rupees ten for each inspection.] --------------------------------------- Notes:- [1] Substituted for rules 6 and 6A by GSR 283(E), dated 21-3-1995. [2] Substituted for "ten" by GSR 363(E), dated 27-4-2000, w.e.f. 1-5-2000.