The optimum capital structure of a company is generated from a proper infusion of debt and equity in the company’s capital structure and this will also help the Company to properly plan its tax. Almost all large and small companies mainly depend upon share capital and borrowed capital for financing their projects. Borrowed capital for a company can be funds which are mainly raised by issuing debentures, or raising loans from Financial institutions or banks which may be secured or unsecured. If the capital is raised as secured loan or debentures, there will be an underlying asset of the company for securing the amount which the company needs to intimate to the Government.
- As per Section 2(16) of Companies Act, 2013, “charge” means an interest or lien created on the property or assets of a company or any of its undertakings or both as security and includes a mortgage.
- Every company creating or modifying a charge on any property or assets or any undertaking, whether tangible or otherwise, whether within or outside India, shall register within thirty days from the date of its creation in Form CHG-1.
- Company shall give intimation of the payment or satisfaction in full of any registered charge to the Registrar in the Form CHG-4, within a period of thirty days from the date of such payment or satisfaction.
- Every company is expected to maintain at their registered office, a Register of Charge in the Form CHG-7.
- Copy of the instrument creating the charge has to be kept at the registered office of the company along with the register of charge.
- The company has to maintain this register for the lifetime of the company and the instrument creating this charge is expected to be kept for a period of 8 years from the date of satisfaction of the charge by the company.
- Register of charge and copy of the instrument is open for inspection to the members and creditors at the registered office of the company without any fees