The Court held that when a company fails to register a charge as ...

Charge registration without digital signatures allowed on company's default.

Case Laws Companies Law

November 7, 2024

The Court held that when a company fails to register a charge as mandated u/s 77 of the Companies Act, 2013, insisting on digital signatures from the company itself while filing Form CHG-1 u/s 78 for charge registration would contradict the very purpose of Section 78, which is designed to address such lapse or refusal by the company. The instructions for Form CHG-1 do not accommodate situations where the company's cooperation cannot be presumed. Therefore, the requirement for digital signatures from the company should not be insisted upon while filing Form CHG-1 u/s 78 when the company defaults on its statutory duty u/s 77. The High Court dismissed the appeal, upholding the view that digital signatures from the company need not be mandated in such circumstances.

View Source

← Previous Next →

The Court held that when a company fails to register a charge as ...

Charge registration without digital signatures allowed on company's default.

Case Laws Companies Law

November 7, 2024

You may also like:

Companies (Registration of Charges) Second Amendment Rules. 2018

Companies (Registration of Charges) Amendment Rules, 2018 - Important amendments

Procedure for use of digital signature on records and invoices-reg - Draft Notification and Circular

Companies Fresh Start Scheme (CFSS) 2020 - Defaulting company - The Scheme is a fresh lease of life given to defaulting companies, which are not yet declared `Inactive’,...

Misuse of position by Directors - misuse of digital signature - the respondent nos.2 to 4 have misused their position and the petitioner company in spite of being...

Application for registration of charge - Period of limitation - more clarity - the person in whose favour the charge has been created can file the charge on the expiry...

lock-wise fulfilment of EO under the EPCG Scheme - Hand book of Procedures 2015-20 amended to facilitate intimation to Regional Authorities without digital signature

Violation under FERA - charge u/s. 56 of FERA - Company being in Liquidation - Whether the charge against the Company can be framed through the petitioner? - Petitioner...

Default in payment of Tax by the Company - Charge levied on personal properties of Directors (for default of company) - the attachment of the properties is beyond the...

The notification amends the Companies (Registration of Foreign Companies) Rules, 2014. It substitutes the word "Registrar" with "Registrar, Central Registration Centre"...

Exemption u/s 11 - registration u/s 12A - Registration under Section 25 of the Companies Act is undoubtedly a relevant factor to be noted while considering an...

Transfer of ESOP/ESPP/RSU by foreign holding company to employees of domestic subsidiary company does not attract GST where no additional fee, markup or commission is...

TDS u/s 194C or 194I - Short-deduction of taxes - payments towards maintenance charges - Addition u/s 201(1) / 201(1 A) - assessee-in-default’ - the common area...

Denial of Central excise registration - property was purchased by the assessee in auction - default of excise duty by the earlier registrant - registration allowed - AT

Validity of reopening of assessment - no valid notice issued - A notice or an order without having signature of the person who issued such notice loses its relevance and...

Quick Updates: