What is Form CGH-8?
eForm CGH-8 has to be filed to the Central Government for extending the time for filing particulars of registration of satisfaction of charge or to rectify the omission or misstatement of any satisfaction of charge or any modification.
- Form CGH-8 is pursuant to sections 77(1) and 87 of the Companies Act 2013 and to Rule 12 of the Companies (Registration of Charges) Rules, 2014.
According to Section 77(1) of the Companies Act 2013 every company has to create a charge within or outside India, on its property or assets or any of its undertakings, whether tangible or otherwise, and situated in or outside India, to register the particulars of the charge signed by the company and the charge-holder together with the instruments, if any, creating a such charge in such form, on payment of such fees and in such manner as may be prescribed, with the Registrar within 30 days of its creation. Provided that the Registrar may, on an application by the company, allow such registration to be made.
(a) in case of charges created before the commencement of the Companies (Amendment)The ordinance, 2019, within a period of three hundred days of such creation; or
(b) in case of charges created on or after the commencement of the Companies(Amendment) The ordinance, 2019, within a period of sixty days of such creation, on payment of such additional fees as may be prescribed:
Provided further that if the registration is not made within the period specified, the registration of the charge shall be made within 6 months from the date of commencement of the Companies(Amendment) The ordinance, 2019, on payment of such additional fees. In clause (b) to the first proviso, the Registrar may, on an application, allow such registration to be made within a further period of 60days after payment of fees.
According to Section 87 of the Companies Act 2013: The Central Government on being satisfied that the omission to give intimation to the Registrar of the payment or satisfaction of a charge, within the time required under this Chapter; or the omission or misstatement of any particulars, in any filing previously made to the Registrar with respect to any such change or modification thereof or with respect to any memorandum of satisfaction or other entry made in pursuance of section 82 was accidental or it is not of nature to prejudice the position of creditors or shareholders of the company, on the application of the company or any person interested and on such, terms and conditions as it deems just and expedient, direct that the time for the giving of intimation of payment or satisfaction shall be extended or, as the case may require, the omission or misstatement shall be rectified.
According to Rule 12 of the Companies (Registration of Charges) Rules, 2014 rectification in the register of charges on account of omission or misstatement of particulars in charge previously recorded and extension of time in the filing of satisfaction of charge.
The Central Government may an application filed in Form No. CHG-8 in accordance with section 87-
(a) direct rectification of the omission or misstatement of any particulars, in any filing, previously recorded with the Registrar with respect to any charge or modification thereof, or with respect to any memorandum of satisfaction or other entry made in pursuance of section 82 or section 83,
(b) direct extension of time for the satisfaction of charge, if such filing is not made within a period of three hundred days from the date of such payment or satisfaction
The Companies (Registration Offices and Fees) Rules, 2014
Other than OPC and
OPC and Small
By a company having an authorized share capital of:
a) Up to Rupees 25,00,000
b) Above Rupees 25,00,000 but up to Rupees 50,00,000
c) Above Rupees 50,00,000 but up to Rupees 5,00,00,000
d) Above Rupees 5,00,00,000 but up to Rupees 10 crore or more
e) Above Rupees 10 crore
By a company limited by guarantee but not having a share capital
By a company having a valid license issued under section 8 of the Act (Section 8 Company)
By a foreign company