Section 78 of the Companies Act, 2013: Application for registration of charge

The Companies Act, 2013

Chapter-VI Registration of Charges

Section 78: Application for registration of charge.

*78. Where a company fails to 1[register the charge within the period of thirty days referred to in sub-section (1) of section 77], without prejudice to its liability in respect of any offence under this Chapter, the person in whose favour the charge is created may apply to the Registrar for registration of the charge along with the instrument created for the charge, within such time and in such form and manner as may be prescribed and the Registrar may, on such application, within a period of fourteen days after giving notice to the company, unless the company itself registers the charge or shows sufficient cause why such charge should not be registered, allow such registration on payment of such fees, as may be prescribed:

Provided that where registration is effected on application of the person in whose favour the charge is created, that person shall be entitled to recover from the company the amount of any fees or additional fees paid by him to the Registrar for the purpose of registration of charge.


Reference

*Effective from 01.04.2014.

1. Substituted by the Companies (Amendment) Act, 2017, w.e.f. 07.05.2018[S.O. 1833(E) dated 07.05.2018], for the words “register the charge within the period specified in section 77“.

 

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