How to File Form CHG-1 for Charge Creation with ROC
File Form CHG-1 to register a charge under Section 77 of the Companies Act, 2013 within 30 days on MCA V3. Fees, deadlines, condonation, and a worked example.

Documents Required
- Instrument creating the charge, such as the loan agreement, sanction letter, hypothecation deed, or mortgage deed
- Certified true copy of the board resolution authorising the creation of the charge and the filing of CHG-1
- Particulars of the charge: amount secured, date of creation, rate of interest, repayment terms, and property charged
- Details of every charge holder, including category, name, address, email, and PAN
- List of joint charge holders where more than one lender shares the same security
- Company PAN and Corporate Identity Number (CIN) for the MCA V3 form header
- Particulars of the property or assets charged, whether situated in or outside India
Tools & Prerequisites
- Active company login on the MCA V3 portal at mca.gov.in with a valid CIN
- Class 3 Digital Signature Certificate (DSC) of a director, registered on the MCA portal
- Digital Signature Certificate of the charge holder for the declaration in the form
- Stable internet connection to upload attachments and complete pre-scrutiny on the portal
To register a charge created on company property, file Form CHG-1 with the Registrar of Companies within 30 days of creating the charge, under Section 77 of the Companies Act, 2013 and Rule 3 of the Companies (Registration of Charges) Rules, 2014. CHG-1 covers charges other than those securing debentures, which use CHG-9. The filing fee runs from ₹200 to ₹600 based on nominal share capital, and on approval the Registrar issues a CHG-2 certificate of registration. Miss the 30-day window and the Registrar may allow a further 60 days on additional fees, then a further 60 days on ad valorem fees, after which Central Government condonation is needed. This guide covers who files, the documents, the step-by-step process on the MCA V3 portal, fees, condonation of delay, and a worked example with rupee figures.
- Deadline: 30 days from the date of creation to register the charge in CHG-1 under Section 77(1).
- Extended windows: a further 60 days on additional fees, then a further 60 days on ad valorem fees, for charges created on or after 2 November 2018.
- Fee: ₹200 to ₹600 based on nominal share capital, or ₹200 per document for a company without share capital.
- Who files: the company files, but the charge holder may file under Section 78 if the company defaults.
- CHG-1 vs CHG-9: CHG-1 is for non-debenture charges; CHG-9 secures debentures.
- Non-registration: an unregistered charge is ignored by the liquidator under Section 77(3), leaving the lender unsecured.
What Is Form CHG-1 and Charge Registration?
Form CHG-1 is the e-form a company files to register the creation or modification of a charge, other than a charge securing debentures, with the Registrar of Companies under Section 77 of the Companies Act, 2013. It places the security a company has given to a lender on the public register, so anyone dealing with the company can see what assets are already pledged.
A charge arises whenever a company offers its property or assets as security for borrowing. The most common examples are a bank term loan secured by a mortgage over land and buildings, a working capital facility secured by hypothecation of stock and receivables, and equipment finance secured by hypothecation of the asset purchased. In each case the lender wants the security recorded, because registration is what gives the lender priority over later creditors. The company, in turn, has a statutory duty to register, separate from any obligation in the loan agreement.
Registration is not a formality that protects only the lender. It protects the wider market by making the company's secured borrowing transparent. A trade supplier, a new lender, or an investor can search the MCA record and the company's register of charges to understand how much of the company's asset base is already encumbered. This transparency is the policy reason the Companies Act treats charge registration as a duty backed by real consequences, rather than leaving it to private contract between the company and its lender.
Charge, Mortgage, Hypothecation, and Pledge
A charge is defined in Section 2(16) as an interest or lien created on the property or assets of a company, or any of its undertakings, as security, and it expressly includes a mortgage. In practice a charge is created through different instruments depending on the asset. A mortgage is used for immovable property, hypothecation for movable assets that stay in the company's possession such as stock or vehicles, and a pledge where possession of the movable passes to the lender. Whatever the instrument, if it creates security over company assets, it usually creates a registrable charge that belongs in CHG-1.
Charge registration is governed by Sections 77, 78, and 79 of the Companies Act, 2013, read with Rule 3 of the Companies (Registration of Charges) Rules, 2014. Section 87 covers rectification by the Central Government, and Section 384 extends the regime to foreign companies. Administered by the Registrar of Companies under the Ministry of Corporate Affairs. Filing portal: mca.gov.in.
Types of Charges a Company Registers
Before deciding on the form, it helps to know what kind of charge you are registering, because the instrument and the property fields in CHG-1 follow the type. Charges are classified along two axes: by the nature of the security interest, and by the asset over which they are created. The same loan can involve more than one type at once, for example a fixed charge over a factory and a floating charge over current assets.
| Charge Type | What It Covers | Typical Instrument | Common Use |
|---|---|---|---|
| Fixed charge | A specific, identified asset | Mortgage deed, hypothecation deed | Term loan secured on land, building, or plant |
| Floating charge | A class of changing assets | Deed of hypothecation | Working capital secured on stock and receivables |
| Mortgage | Immovable property | Mortgage deed | Factory premises, office building |
| Hypothecation | Movable assets in the company's possession | Hypothecation agreement | Vehicles, machinery, inventory |
| Pledge | Movable assets in the lender's possession | Pledge agreement | Shares, goods held by the lender |
Fixed Charge Versus Floating Charge
A fixed charge attaches to a specific asset that the company cannot sell freely without the lender's consent, such as a particular building or machine. A floating charge hovers over a changing pool of assets, typically stock in trade and book debts, which the company can deal with in the ordinary course of business until the charge crystallises on a default or winding up. Both are registrable in CHG-1, and the form records the description of the property charged. The distinction matters in insolvency, where a fixed charge generally ranks ahead of a floating charge over the same asset pool, so lenders document each carefully and expect both to be registered on time.
Immovable Versus Movable Property
Where the charge is over immovable property such as land or buildings, the security is usually created by a registered mortgage, and the CHG-1 description identifies the property by location and title. Where the charge is over movable property such as plant, vehicles, or inventory, hypothecation is the common route, and the goods stay in the company's possession and use. CHG-1 includes a field recording whether the property is situated in India or outside, because Section 77 covers charges on assets both inside and outside the country. Identifying the asset type correctly ensures the right instrument is attached and the particulars reconcile during pre-scrutiny.
CHG-1 or CHG-9: Which Form Applies?
The Companies (Registration of Charges) Rules, 2014 split charge creation across two forms, and choosing the right one is the first decision in the process. The distinction turns on whether the charge secures debentures.
| Aspect | Form CHG-1 | Form CHG-9 |
|---|---|---|
| Purpose | Creation or modification of a charge | Creation or modification of a charge to secure debentures |
| Typical security | Mortgage, hypothecation, pledge, lien | Debentures or a series of debentures |
| Governing section | Section 77, with Section 79 for modification | Section 77, with Section 71 for debentures |
| Filed by | Company, or charge holder under Section 78 | Company, or debenture trustee or holder |
| Certificate issued | CHG-2 (creation), CHG-3 (modification) | CHG-2 (creation), CHG-3 (modification) |
| Time limit | 30 days from creation | 30 days from creation |
For the vast majority of small and mid-sized companies, CHG-1 is the form that applies. Debentures are a debt instrument issued to raise funds, often with a charge over the company's assets held by a debenture trustee for the holders, and that scenario is the one CHG-9 is built for. A simple test helps: if the security backs a loan or facility, use CHG-1; if it backs an issue of debentures, use CHG-9. Both forms were substituted by the MCA notification dated 29 August 2022 through the Companies (Registration of Charges) Second Amendment Rules, 2022, so always use the current version on the portal.
Who Has to File CHG-1?
The duty to register sits first with the company, but the law gives the lender a backstop. Knowing who files, and when each party steps in, prevents a charge from going unregistered because each side assumed the other would act.
The Company's Primary Duty Under Section 77
Section 77(1) makes it the duty of every company creating a charge to register the particulars, signed by the company and the charge holder, together with the instrument creating the charge, within 30 days of creation. The company drives the filing in almost every case, because it holds the instrument, passes the board resolution, and has the MCA login. A director or authorised signatory signs CHG-1 with a Digital Signature Certificate, and the charge holder signs the declaration. The company also pays the fee, which is usually built into the loan transaction with the lender.
The Charge Holder's Right Under Section 78
If the company does not register the charge within the period allowed under Section 77, Section 78 lets the person in whose favour the charge is created step in. The charge holder, typically the lender, can apply to the Registrar to register the charge. The Registrar gives the company 14 days notice to show cause why the charge holder should not register it. If the company does not register the charge itself or object within that time, the Registrar allows the charge holder to register it, and the charge holder can recover the fee paid from the company.
In the charge filings we handle, lenders rarely wait quietly when a borrower delays CHG-1. A bank's security team tracks the 30-day clock from disbursement and will invoke its Section 78 right rather than risk an unregistered charge. The practical lesson for a company is that filing late does not just risk additional fees, it can also mean the lender files for you, recovers the cost, and notes the default in the relationship. Treat the 30-day window as part of completing the loan, not as a separate compliance afterthought.
The Time Limit: 30 Days, Then Two Extension Windows
The deadline for charge registration changed materially with the Companies (Amendment) Ordinance regime, effective 2 November 2018, and the current rules are stricter than the old 300-day window. Getting the timeline right is the single most important part of charge compliance, because the fees and the route to registration both depend on how late you are.
The Current Regime for Charges Created On or After 2 November 2018
For a charge created on or after 2 November 2018, the company registers it within 30 days of creation. If it misses that window, the first proviso to Section 77 lets the Registrar, on an application, allow registration within a further period of 60 days from creation on payment of additional fees. If the charge is still not registered, the second proviso allows the Registrar to permit registration within a further period of 60 days on payment of ad valorem fees. Once these windows close, the only route left is condonation by the Central Government under Section 87.
| Window | Period From Creation | Fee Position | Legal Basis |
|---|---|---|---|
| Normal filing | Within 30 days | Normal fee only | Section 77(1) |
| First extension | 31st to 60th day | Normal fee plus additional fee | First proviso, Section 77 |
| Second extension | 61st to 120th day | Normal fee plus ad valorem fee | Second proviso, Section 77 |
| Beyond the windows | After 120 days | Condonation application required | Section 87 |
The Pre-Ordinance Position for Older Charges
For charges created before 2 November 2018, the earlier regime applied a longer outer limit. A company could register a charge within 300 days of creation on payment of additional fees, and if it missed even that, it sought an extension of time. The 2018 Ordinance, later replaced by the Companies (Amendment) Act, 2019, replaced this generous 300-day window with the tighter 30, then 60, then further 60 day structure described above. The shift was deliberate: it reduced the scope for long delays in recording security and pushed companies to register charges promptly.
A frequent error is counting the 30 days from the loan sanction letter rather than from the date the charge is actually created, usually the date the security instrument is executed. The two dates can differ by weeks. Always anchor the clock to the date of creation of the charge recorded in the instrument. Counting from the wrong date can quietly push a filing past 30 days and into additional fees, or worse, past 60 days and into ad valorem fees, without anyone noticing until the portal calculates the charge.
Documents Required to File CHG-1
CHG-1 has one mandatory attachment and a short set of supporting documents and data fields. Preparing them before you open the form avoids a stalled filing and a resubmission.
- Instrument creating the charge: the loan agreement, sanction letter, hypothecation deed, or mortgage deed that actually creates the security. This is the core mandatory attachment.
- Certified board resolution: the resolution authorising the creation of the charge and the filing of CHG-1, signed by a director or the chairman.
- Particulars of joint charge holders: where more than one lender shares the same security, the details of each joint charge holder.
- Charge particulars: the amount secured, date of creation, rate of interest, repayment term in months, margin, and nature of the facility.
- Property particulars: a description of the property or assets charged, and whether they are situated in India or outside.
- Charge holder details: category, name, address, email, and PAN of the charge holder.
The instrument creating the charge is non-negotiable, because the Registrar registers the particulars together with the instrument under Section 77(1). Every attachment must be in PDF and digitally signed before upload. The data fields matter as much as the attachments, since the form will not pass pre-scrutiny if a mandatory field such as the amount secured or the date of creation is left blank or inconsistent with the attached instrument.
It is worth distinguishing the documents you attach from the documents you keep. CHG-1 itself requires the instrument and the joint charge holder particulars as attachments, but the board resolution, the company's register of charges, and the lender's correspondence form the supporting trail you retain rather than necessarily upload. In the filings we handle, a clean document pack assembled before the portal session, with the instrument scanned in full and the charge particulars typed out from it, cuts the form completion time sharply and almost eliminates resubmission. The single most common cause of delay is starting the form before the instrument is finalised and signed, then discovering a field on the form that the draft instrument does not yet answer.
Where the loan involves a consortium of lenders, the joint charge holder details deserve particular care. Each lender's category, name, address, email, and PAN must be entered, and the share of the security, where applicable, recorded accurately. A consortium filing with one lender's PAN missing or mistyped will not clear pre-scrutiny, and because CHG-2 is issued to the charge holders, an error here means the certificate is wrong and the filing has to be corrected. Confirming the charge holder schedule against the executed instrument before you open the form prevents this entirely.
Step-by-Step: How to File CHG-1 on the MCA V3 Portal
The filing runs across 8 steps, from confirming the charge to downloading the CHG-2 certificate. With documents ready, most companies complete the form in a single sitting and receive the certificate within a few working days.
Before you begin, confirm the exact date of creation, keep the signed instrument open beside you, and have the Digital Signature Certificates of both the director and the charge holder ready. The steps below assume a creation of charge; a modification follows the same path with the existing Charge ID added.
Step 1: Confirm a Registrable Charge Has Been Created
Check that the security you have given creates a charge under Section 77. A mortgage, hypothecation, pledge, or lien on property or assets, whether in or outside India, creates a registrable charge. Almost every charge is registrable; the only exceptions are the narrow categories the Central Government may prescribe in consultation with the Reserve Bank of India. If the charge secures debentures, switch to CHG-9. This first check decides which form you open and prevents filing the wrong one.
Step 2: Gather the Instrument and Board Resolution
Collect the instrument that creates the charge and pass a board resolution authorising both the charge and the CHG-1 filing. Certify a true copy of the resolution. Record the date of creation, the amount secured, the rate of interest, the repayment terms, and the particulars of the property charged. These map directly to the form's fields, so having them written down avoids guesswork at the portal. Where borrowing crosses the limits in Section 180, confirm a shareholder special resolution is also in place.
Step 3: Log In to the MCA V3 Portal
Visit mca.gov.in and log in with the company's registered credentials. Go to MCA Services, then e-Filing, and select Form CHG-1 for the creation or modification of a charge. The form draws the CIN, company name, and registered office from the MCA master data. Verify these pre-filled details, because an outdated registered office or a mismatch here will surface during pre-scrutiny and delay the filing.
Step 4: Enter the Charge Particulars
Select creation of charge, then enter the date of creation, the type of charge, and whether the property is in India or outside. Record the amount secured, the rate of interest, the repayment term in months, the margin, and the nature of the facility. Enter the charge holder's category, name, address, email, and PAN. Where the security is shared, add every joint charge holder. Accuracy here is critical, since the CHG-2 certificate is generated from exactly these particulars.
Entering an amount secured that does not match the instrument is a leading cause of resubmission. The figure in CHG-1 must reconcile with the sanction letter or deed attached. A mismatch between the form and the instrument, even a rounding difference, prompts the Registrar to raise a query. Reconcile the amount, the date of creation, and the charge holder PAN against the instrument before you submit, not after the Registrar flags them.
Step 5: Attach the Instrument and Supporting Documents
Upload the instrument creating the charge in PDF as the mandatory attachment, along with particulars of any joint charge holders and the board resolution. Each attachment must be digitally signed. Where the charge is created by an executed deed, attach the full deed, not an extract. Confirm every file name and size is correct and that no attachment is blank or corrupted. The instrument is the document the Registrar registers alongside the particulars, so a missing or unsigned instrument stops the filing.
Step 6: Affix Digital Signatures and Run Pre-Scrutiny
Affix the Class 3 Digital Signature Certificate of a director or authorised signatory, and the DSC of the charge holder for the declaration. Run pre-scrutiny so the portal validates mandatory fields, attachments, and the director's DIN association with the company. Fix any errors flagged, such as a missing instrument, an unsigned attachment, or a charge holder PAN mismatch. Pre-scrutiny must pass before submission, so resolving every warning here is faster than handling a resubmission later.
Step 7: Pay the Filing Fee Based on Nominal Share Capital
Pay the filing fee through the MCA payment gateway. The fee is ₹200 for a company with nominal share capital below ₹1 lakh and rises in steps to ₹600 for capital of ₹1 crore or more, while a company without share capital pays ₹200 per document. If you are filing after 30 days, the system adds the prescribed additional fee, and if you are in the further window beyond 60 days, an ad valorem fee. A Service Request Number is generated on successful payment.
Step 8: Obtain the CHG-2 Certificate of Registration
Track the SRN on the portal. When the Registrar registers the charge, the system issues a certificate of registration in Form CHG-2 to the company and to the charge holder, under Section 77(2). Download and retain CHG-2 as proof that the charge is on the public register. The charge is then valid against a liquidator and other creditors under Section 77(3). Enter the charge in the company's own register of charges in Form CHG-7 and keep the instrument safely.
CHG-1 Filing Fees in Detail
The normal filing fee for CHG-1 is set by the Companies (Registration of Offices and Fees) Rules, 2014 and depends on the company's nominal share capital. The table below sets out the slabs that apply to a company with share capital.
| Nominal Share Capital | Normal Filing Fee |
|---|---|
| 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 |
A company that does not have share capital pays a flat ₹200 per document. On top of the normal fee, late filing attracts an additional fee that rises in multiples as the delay grows, as prescribed under the same Rules. A charge registered in the further window beyond 60 days from creation also attracts an ad valorem fee, calculated as a percentage of the amount secured rather than a flat figure. Because the additional fee multiples and the ad valorem rate are updated by notification, confirm the exact charge on the MCA portal at mca.gov.in before you file, especially for a delayed filing.
From the filings we process, the cost gap between on-time and late charge registration is steep, and it is rarely the normal fee that hurts. A charge on a ₹1 crore facility registered within 30 days costs the flat slab fee, but the same charge pushed into the ad valorem window can cost a multiple of that, calculated on the secured amount. We advise clients to diarise the date of creation on the day the instrument is signed and to file within the first two weeks, leaving a buffer well inside the 30-day limit rather than relying on the extension windows.
A Worked Example: Registering a Charge on a Term Loan
A concrete example shows how the timeline and fees come together. Assume a private limited company with a nominal share capital of ₹50 lakh takes a term loan of ₹80 lakh from a bank, secured by a mortgage over its factory premises. The mortgage deed is executed on 5 May 2026, which is the date of creation of the charge.
The On-Time Scenario
The company passes a board resolution on 6 May 2026, gathers the mortgage deed and charge particulars, and files CHG-1 on 18 May 2026, well within the 30-day window that ends on 4 June 2026. Because its nominal share capital of ₹50 lakh falls in the ₹25 lakh to ₹99,99,999 slab, the normal fee is ₹500. Pre-scrutiny passes, the Registrar registers the charge, and the company downloads the CHG-2 certificate. Total government fee: ₹500. The bank's security is on the public register and ranks ahead of later creditors.
The Late Scenario and Its Cost
Now assume the same company forgets the filing and acts only on 1 July 2026, which is 57 days after creation. It is past 30 days but within the first extension window of 60 days, so it pays the normal fee of ₹500 plus the prescribed additional fee for the delay. Had it slipped past 4 July 2026, beyond 60 days, registration would have moved into the second window requiring an ad valorem fee on the ₹80 lakh secured amount, a far larger sum, and beyond 120 days it would have needed a condonation application to the Regional Director in Form CHG-8. The lesson is direct: a ₹500 filing handled on time avoids both the additional fee and the much heavier ad valorem and condonation route.
The example also shows how a single date drives the entire outcome. The 5 May 2026 date of creation sets every downstream deadline: 4 June for the normal window, 4 July for the first extension, and early September for the outer extension. A company that records the date of creation in its compliance calendar on the day the deed is signed turns charge registration into a routine task with a clear due date. A company that waits to be reminded by the bank, or that relies on memory, is the one that drifts into the fee multiples. The difference between the two is a single diary entry made on the day the security is created.
Consider the contrast in pure rupee terms. On time, the cost is the ₹500 slab fee, full stop. In the first extension window, the cost is ₹500 plus an additional fee that is a multiple of the normal fee. In the ad valorem window, the cost is calculated as a percentage of the ₹80 lakh secured, which dwarfs the slab fee, and is then compounded by the professional cost of preparing a condonation application if the outer window is also missed. The same security, the same lender, and the same company can therefore face a cost that ranges from a few hundred rupees to a figure measured in tens of thousands, depending solely on when the form is filed.
What Happens If a Charge Is Not Registered?
The consequence of skipping CHG-1 is severe and is the reason charge registration is taken so seriously by lenders. It is set out plainly in Section 77(3).
Under Section 77(3), an unregistered charge shall not be taken into account by the liquidator or any other creditor. In a winding up or insolvency, the lender that holds an unregistered charge is treated as if it had no security at all, ranking alongside ordinary unsecured creditors rather than ahead of them. The lender may have a perfectly valid loan agreement, but without registration the security is worthless for priority purposes. Section 77(4) preserves the underlying contract to repay the money, so the debt does not vanish, but the protection the lender bargained for is lost.
For the company and its officers, non-registration is also a breach of a statutory duty, exposing them to penalty provisions for default. Beyond the legal exposure, there is a commercial cost: future lenders and investors conducting due diligence will find either an unregistered charge or a charge registered late after condonation, both of which raise questions about the company's compliance discipline. A clean charge register, with each charge registered on time and each repaid charge satisfied in CHG-4, signals a well-run company during any financing or acquisition.
Penalties for Default in Charge Registration
Beyond losing priority in insolvency, a failure to comply with the charge provisions carries a direct penalty for the company and its officers. The penalty provision sits in Section 86, separate from the additional and ad valorem fees that apply to late filing.
Under Section 86 of the Companies Act, 2013, if a company contravenes any provision of the charge chapter, the company is liable to a penalty, and every officer in default is liable to a penalty as well. The penalty is distinct from the additional filing fee: the fee is the price of registering late, while the penalty is the consequence of the underlying default in meeting the statutory duty. Section 86 also provides that where a person wilfully furnishes false or incorrect information, or suppresses material information, in any charge filing, that person is liable for fraud under Section 447, which is among the most serious consequences in the Act.
The practical exposure therefore has three layers. First, the additional or ad valorem fee for late registration, which rises with the delay. Second, the penalty under Section 86 for the default itself, adjudicated by the Registrar. Third, the loss of security under Section 77(3), which is often the largest cost because it can turn a secured lender into an unsecured one. Set against this, the normal filing fee of ₹200 to ₹600 is a small, predictable cost, which is why on-time CHG-1 filing is the only sensible course for a company that borrows.
Section 86 escalates a wilful misstatement in a charge filing to fraud under Section 447. Entering an amount secured, a date of creation, or a charge holder detail that you know to be wrong is not a minor error; it can attract prosecution. Always file CHG-1 with particulars that reconcile exactly with the executed instrument, and correct any genuine mistake through the proper resubmission or modification route rather than letting a wrong figure stand on the register.
Condonation of Delay Under Section 87
When the statutory windows close, the law still provides a route to register a charge, but it runs through the Central Government rather than the Registrar alone. This is condonation of delay.
Once a charge cannot be registered within the 30-day, 60-day, and further 60-day windows, the company applies for condonation of delay under Section 87. The power of the Central Government to condone is delegated to the Regional Director. The application is made in Form CHG-8, supported by reasons for the delay, the instrument, and a board resolution. The Regional Director examines whether the delay was accidental, due to inadvertence, or otherwise not prejudicial to creditors, and if satisfied, passes an order condoning the delay.
After the order is passed, it is filed with the Registrar in Form INC-28, and the charge is then registered. Condonation is not automatic; it depends on a satisfactory explanation, and it adds professional cost, time, and scrutiny that on-time filing avoids entirely. The process exists as a safety valve, not a substitute for meeting the deadline. Treating CHG-8 as a routine fallback is a mistake, because the Regional Director can decline condonation where the delay is unexplained or where third-party rights have intervened.
In condonation matters we handle, the quality of the explanation in CHG-8 decides the outcome. A vague statement that the filing was "missed" carries far less weight than a documented account, for example a change in the company's compliance team, a delayed receipt of the executed instrument, or a genuine clerical lapse, supported by dated records. We prepare the application to address the Regional Director's core concern: that condonation will not prejudice any creditor whose rights arose in the interim. A precise, evidenced narrative is the difference between a smooth order and a contested hearing.
Creation, Modification, and Satisfaction of a Charge
CHG-1 is one form in a small family of charge forms that track a charge through its whole life, from creation to release. Knowing how they connect avoids missing a later filing once the charge is on the register.
| Event | Form | Section | Time Limit | Certificate |
|---|---|---|---|---|
| Creation of charge (non-debenture) | CHG-1 | Section 77 | 30 days from creation | CHG-2 |
| Creation of charge for debentures | CHG-9 | Section 77 | 30 days from creation | CHG-2 |
| Modification of charge | CHG-1 | Section 79 | 30 days from modification | CHG-3 |
| Satisfaction of charge | CHG-4 | Section 82 | 30 days from satisfaction | CHG-5 |
| Company's register of charges | CHG-7 | Section 85 | Maintained on an ongoing basis | Not applicable |
Modification Under Section 79
A modification is any change to a registered charge, such as a revised amount secured, a change in terms, or a change in the property charged. Section 79 applies the same registration duty to a modification, and it is filed in CHG-1 with the existing Charge ID, within 30 days of the modification. The Registrar issues a certificate of modification in Form CHG-3. Section 79 also covers a person who acquires property that is already subject to a charge.
Satisfaction Under Section 82
When the loan is repaid and the charge is released, the company records satisfaction of the charge in Form CHG-4 within 30 days, under Section 82. This removes the charge from the live register and is just as important as the original registration, because an unsatisfied charge that has actually been repaid clutters the company's record and can complicate future financing. Our guide on the satisfaction of charge filing process covers CHG-4 in detail. Keeping creation and satisfaction in step is the mark of a clean charge register.
Common Errors and How to Avoid Them
A handful of mistakes account for most CHG-1 rejections and delays. Each is avoidable with a short check before filing.
Counting the Deadline From the Wrong Date
The 30 days run from the date of creation of the charge, which is the date the instrument is executed, not the sanction date or the disbursement date. Confirm the date of creation from the instrument itself and start the clock there. This single check prevents an accidental slide into additional or ad valorem fees.
Filing the Wrong Form
Using CHG-1 for a charge that secures debentures, or CHG-9 for an ordinary loan charge, leads to rejection. Apply the simple test: loan or facility security uses CHG-1, debenture security uses CHG-9. Confirm the nature of the security from the instrument before opening the form.
Mismatched or Missing Instrument
The instrument creating the charge is mandatory, and the particulars in the form must reconcile with it. A blank attachment, an extract instead of the full deed, or an amount that does not match the instrument all trigger resubmission. Reconcile the amount secured, date of creation, and charge holder PAN with the instrument, and attach the complete signed document.
Forgetting the Later Filings
Registration is not the end. A modification needs a fresh CHG-1 under Section 79, and a repaid charge needs CHG-4 within 30 days under Section 82. Companies that file the creation and then forget the satisfaction end up with stale charges on the register. Track each charge from creation to satisfaction as part of event-based ROC compliance.
The Register of Charges: CHG-7 and Section 85
Registering a charge with the Registrar is only one half of the record-keeping duty. The company also keeps its own internal record, and the two together give a complete picture of the company's secured borrowing.
Under Section 85 of the Companies Act, 2013, read with the Companies (Registration of Charges) Rules, 2014, every company must maintain a register of charges in Form CHG-7 at its registered office. The register records every charge and floating charge created on the company's property, with the particulars of each, and the instruments creating the charges are kept with it. The register and the instruments must be open to inspection by members and creditors without fee, and by any other person on payment of the prescribed fee, during business hours. This internal register complements the public record maintained by the Registrar through CHG-1 and CHG-2.
The register of charges in CHG-7 must be kept permanently, and the instrument creating a charge must be preserved for 8 years from the date of satisfaction of the charge. A common oversight is filing CHG-1 with the Registrar while neglecting the internal CHG-7 register, which is itself a default under Section 85. A well-run company updates CHG-7 the moment a charge is created, modified, or satisfied, so its internal record always matches the public MCA position. During due diligence, an acquirer or lender will ask to see CHG-7 alongside the MCA charge search, and a clean, current register signals disciplined compliance.
CHG-1 Across Company Types and Foreign Companies
The charge registration duty applies to every company under the Companies Act, 2013, but the practical details differ a little by company type. The form, the deadline, and the consequences are the same; the fee and the signatory change with the company.
| Entity | Files CHG-1? | Fee Basis | Notes |
|---|---|---|---|
| Private limited company | Yes | Nominal share capital slab | Most common filer; signs via director DSC |
| Public limited company | Yes | Nominal share capital slab | Often higher capital, so higher slab fee |
| One person company (OPC) | Yes | Nominal share capital slab | Sole director's DSC signs the form |
| Company without share capital | Yes | Flat ₹200 per document | Section 8 and guarantee companies |
| Foreign company | Yes | As prescribed | Section 384 extends the charge regime |
| Limited Liability Partnership | No (uses LLP forms) | LLP fee schedule | Not a Companies Act CHG-1 filer |
Private, Public, and One Person Companies
A private limited company is the most frequent CHG-1 filer, because it is the structure most small and mid-sized borrowers use. A public limited company follows the identical process, though its larger capital base often places it in the ₹600 slab. A one person company registers a charge in exactly the same way, with the sole director's Digital Signature Certificate signing the form and the charge holder signing the declaration. In each case the 30-day deadline, the extension windows, and the consequences under Section 77(3) and Section 86 are the same, so company type changes the fee and the signatory, not the discipline required.
Foreign Companies Under Section 384
Section 384 extends the charge registration provisions to a foreign company that has a place of business in India, in respect of charges on property in India. A foreign company creating such a charge registers the particulars with the Registrar in the prescribed manner, mirroring the duty that applies to Indian companies. This ensures that security taken over Indian assets is recorded on the public register regardless of where the company is incorporated, giving Indian creditors the same transparency they would have for a domestic borrower. The Limited Liability Partnership, by contrast, sits outside the CHG-1 regime and registers charges through the separate LLP charge forms.
How Charge Filing Fits Into ROC Compliance
Charge registration is one of the event-based filings a company makes with the Registrar, distinct from the annual filings every company submits. Seeing where CHG-1 sits helps a company build a single compliance calendar rather than treating each form as a surprise.
Event-based filings are triggered by a specific corporate action and carry their own short deadlines: CHG-1 within 30 days of creating a charge, MGT-14 within 30 days of certain resolutions, and DIR-12 within 30 days of a change in directors, among others. Annual filings, by contrast, follow the financial year and the annual general meeting. A company that maps both streams onto one calendar rarely misses a charge deadline, because the date of creation feeds straight into the 30-day reminder alongside the other event triggers. Our overview of ROC annual filing sets out the recurring forms, while the related resolution filing is covered in the guide on how to file MGT-14 for board resolutions.
For a growing company that borrows regularly, charge filings can be the most frequent event-based forms it submits. Each new facility, each top-up, and each release generates a CHG-1 or CHG-4. Building charge tracking into ongoing compliance, rather than handling each loan in isolation, keeps the public charge register accurate and protects both the company and its lenders. A company that treats charge registration as routine, like paying an invoice on time, avoids the additional fees, the ad valorem exposure, and the condonation route altogether.
Related Resources
- Charge Creation Filing: assistance for registering a new charge in CHG-1 with the Registrar.
- Charge Satisfaction Filing: recording the release of a repaid charge in CHG-4.
- Event-Based ROC Compliance: managing every event-triggered MCA filing on time.
- ROC Annual Filing: the recurring annual returns and financial statement filings.
- How to File MGT-14 for Board Resolutions: the related resolution filing within 30 days.
- Private Limited Company Compliance: the full annual and event-based compliance picture.
Summary
Filing Form CHG-1 registers a charge a company creates on its property, under Section 77 of the Companies Act, 2013 and Rule 3 of the Companies (Registration of Charges) Rules, 2014, within 30 days of creation on the MCA V3 portal. CHG-1 covers non-debenture charges, while CHG-9 secures debentures. The fee runs from ₹200 to ₹600 on nominal share capital, and the Registrar issues a CHG-2 certificate on registration. Miss the deadline and the windows narrow to a further 60 days on additional fees, then a further 60 days on ad valorem fees, then condonation by the Regional Director in CHG-8. An unregistered charge is ignored by the liquidator under Section 77(3), so timely filing is what protects the lender's security and the company's compliance record.
Get Assistance With CHG-1 Charge Registration
IncorpX provides assistance for charge creation, modification, and satisfaction filings with the Registrar of Companies, from drafting the board resolution to filing CHG-1 on the MCA V3 portal within the statutory timeline. Our team supports you through the entire process so your charge is registered correctly and on time.
Get Expert AssistanceFrequently Asked Questions
What is Form CHG-1?
What is a charge under the Companies Act, 2013?
What is the time limit to file CHG-1 for charge creation?
Who has to file Form CHG-1?
What is the difference between CHG-1 and CHG-9?
What is the fee for filing CHG-1?
Which Act and rules govern CHG-1 filing?
What documents are required to file CHG-1?
What happens if a charge is not registered?
Can the charge holder file CHG-1 if the company does not?
What is the CHG-2 certificate?
What is the condonation of delay for charge filing?
How do I register a charge on the MCA V3 portal?
What is the additional fee for late CHG-1 filing?
Does CHG-1 apply to an LLP?
What is the difference between creation, modification, and satisfaction of a charge?
Can I keep a charge unregistered to save the fee?
Is a board resolution needed for charge creation?
What was the pre-2019 time limit for charge registration?
Which charges do not need registration?
How long does the Registrar take to register a charge?
What is the ad valorem fee in charge registration?
Can a charge created outside India be registered in CHG-1?
Who signs Form CHG-1?
What details about the charge holder are required?
Does a one person company file CHG-1?
What is the role of Section 79 in charge filing?
What happens after CHG-1 is registered?
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