MCA Form CHG-9: Application for Registration of Creation or Modification of Charge for Debentures

MCA Form CHG-9: Application for Registration of Creation or Modification of Charge for Debentures. Purpose of the web form: -
Webform CHG-9 is used to create or modify a Charge for Debentures. This is to let the respective Registrar of Companies (RoC) know if you are creating or changing a charge related to debentures.
This CHG-9 is to fix any errors or update information about previously filed charges.
Who needs to use this form?

Domestic Companies will file with the RoC based on your company's registered office location.

Foreign Companies: Must file with the Delhi RoC.

Section and Provision:
Pursuant to Section 71(3), 77, 78 and 79 and pursuant ti89o Section 384 read with 71(3), 77, 78 and 79 of Companies Act, 2013 and Rule 3 and Rule 13 of the Companies (Registration of Charges) Rules 2014.
Section 71(3):
Section 71 of the Companies Act, 2013 deals with the issuance and redemption of debentures and subsection 3 requires that a company must create a charge on its assets if it issues secured debentures. It specifies that the charge should be registered with the Registrar of Companies (RoC) within a prescribed time frame.
Section 77:
This section mandates that every company must register any charge created on its property or assets with the RoC. This registration must be done within 30 days of creating the charge. If the company fails to register the charge within this period, it may face penalties.
Section 78:
As per section 78, If a company modifies the terms or conditions of an existing charge, it must also register these modifications with the RoC. This ensures that any changes to the charge are officially recorded.
Section 79:
Section 79 focuses on the registration of charges by companies incorporated outside India.
Important Check Points while filling up the webform: -

Please ensure that the DSC attached in the webform is registered on MCA portal against the DIN/PAN/Membership number as provided in the form.

Please ensure that applicant of the webform is registered as Business User at the MCA portal before filing the webform.

Please note that the signing authority of the webform shall have valid and non-expired/non-revoked DSC.

Please ensure that the authorized signatories of the company shall have an approved DIN or valid PAN or valid membership number as applicable.

Please ensure that approved SRN of relevant webform CHG-9 / Old form 10 / CHG-8 shall be available with the applicant in case the form is filed for the purpose of rectification of charge.

SRN of MGT-14 will be mandatory in case resolution authorising the issue in series has been filled in MGT-14.

Please ensure that the Charge holder shall have an approved DIN or valid PAN

Attachments: -

Instrument(s) of creation or modification of charge

Copy of the resolution authorising the issue of the debenture series,

Optional attachments, if any

To be digitally signed by-

Director or manager or secretary or CEO or CFO or IRP/RP/Liquidator (In case of an Indian company) or an authorised representative (In case of a foreign company)

PAN of the charge holder

Certificate by practicing professional (optional in case of small company and OPC)

Fee: - 
Normal Fee
    Fees (In case of Indian company having share capital)

Nominal Share Capital

Fee applicable (INR)

Less than 1,00,000

200

1,00,000 to 4,99,999

300

5,00,000 to 24,99,999

400

25,00,000 to 99,99,999

500

1,00,00,000 or more

600

Fees (In case of Indian company not having share capital) - INR 200
Fees (In case of foreign company) - INR 6000
Additional Fee: -

Period of delay

Small Companies and OnePerson Company

Other than Small Companies and One Person Company

Up to 30 days

Three times normal fee

Six times normal fee

More than 30 days and up to 90 days

In addition to normal and additional fee an ad valorem fee of 0.025 percent of the amount secured by the charge, subject to the maximum of INR One lakh

In addition to normal and additional fee ad valorem fee of 0.05 percent of the amount secured by the charge, subject to the maximum of INR Five lakhs.

Points to noted: -

Certificate by practicing professional shall be optional in case the company is a small company as per previous year data and OPC.

CHG-9 form shall be processed in non-STP mode.

MCA Help-Kit

Purpose of the web form: -

Webform CHG-9 is used to create or modify a Charge for Debentures. This is to let the respective Registrar of Companies (RoC) know if you are creating or changing a charge related to debentures.

This CHG-9 is to fix any errors or update information about previously filed charges.

Who needs to use this form?

Domestic Companies will file with the RoC based on your company's registered office location.
Foreign Companies: Must file with the Delhi RoC.

Section and Provision:

Pursuant to Section 71(3), 77, 78 and 79 and pursuant ti89o Section 384 read with 71(3), 77, 78 and 79 of Companies Act, 2013 and Rule 3 and Rule 13 of the Companies (Registration of Charges) Rules 2014.

Section 71(3):

Section 71 of the Companies Act, 2013 deals with the issuance and redemption of debentures and subsection 3 requires that a company must create a charge on its assets if it issues secured debentures. It specifies that the charge should be registered with the Registrar of Companies (RoC) within a prescribed time frame.

Section 77:

This section mandates that every company must register any charge created on its property or assets with the RoC. This registration must be done within 30 days of creating the charge. If the company fails to register the charge within this period, it may face penalties.

Section 78:

As per section 78, If a company modifies the terms or conditions of an existing charge, it must also register these modifications with the RoC. This ensures that any changes to the charge are officially recorded.

Section 79:

Section 79 focuses on the registration of charges by companies incorporated outside India.

Important Check Points while filling up the webform: -

Please ensure that the DSC attached in the webform is registered on MCA portal against the DIN/PAN/Membership number as provided in the form.
Please ensure that applicant of the webform is registered as Business User at the MCA portal before filing the webform.
Please note that the signing authority of the webform shall have valid and non-expired/non-revoked DSC.
Please ensure that the authorized signatories of the company shall have an approved DIN or valid PAN or valid membership number as applicable.
Please ensure that approved SRN of relevant webform CHG-9 / Old form 10 / CHG-8 shall be available with the applicant in case the form is filed for the purpose of rectification of charge.
SRN of MGT-14 will be mandatory in case resolution authorising the issue in series has been filled in MGT-14.
Please ensure that the Charge holder shall have an approved DIN or valid PAN

Attachments: -

Instrument(s) of creation or modification of charge
Copy of the resolution authorising the issue of the debenture series,
Optional attachments, if any

To be digitally signed by-

Director or manager or secretary or CEO or CFO or IRP/RP/Liquidator (In case of an Indian company) or an authorised representative (In case of a foreign company)
PAN of the charge holder
Certificate by practicing professional (optional in case of small company and OPC)

Fee: -

Normal Fee

Fees (In case of Indian company having share capital)

Nominal Share Capital	Fee applicable (INR)
Less than 1,00,000	200
1,00,000 to 4,99,999	300
5,00,000 to 24,99,999	400
25,00,000 to 99,99,999	500
1,00,00,000 or more	600

Fees (In case of Indian company not having share capital) - INR 200

Fees (In case of foreign company) - INR 6000

Additional Fee: -

Period of delay	Small Companies and OnePerson Company	Other than Small Companies and One Person Company
Up to 30 days	Three times normal fee	Six times normal fee
More than 30 days and up to 90 days	In addition to normal and additional fee an ad valorem fee of 0.025 percent of the amount secured by the charge, subject to the maximum of INR One lakh	In addition to normal and additional fee ad valorem fee of 0.05 percent of the amount secured by the charge, subject to the maximum of INR Five lakhs.

Points to noted: -

Certificate by practicing professional shall be optional in case the company is a small company as per previous year data and OPC.
CHG-9 form shall be processed in non-STP mode.

MCA Help-Kit