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Charge - Company Mortgages

3 min read

Quick Summary

Charge is a mortgage or security interest created on company assets like property, machinery, or inventory to secure borrowings.

A Charge is a security interest or mortgage created on the assets of a company to secure a loan or debt. It must be registered with the Registrar of Companies within 30 days of creation.

Types of Charges

  • Fixed Charge: On specific identifiable assets (land, building)
  • Floating Charge: On circulating assets (stock, debtors)
  • Mortgage: Legal charge on immovable property
  • Hypothecation: Charge on movable goods
  • Pledge: Delivery of goods for security
  • Lien: Right to retain possession

Registration Requirements

  • File Form CHG-1 within 30 days
  • Attach original charge instrument
  • Pay prescribed fees
  • ROC issues Charge Identification Number (CIN)

Satisfaction of Charge

When loan is repaid, file Form CHG-4 within 30 days of satisfaction to release the charge.

Key Points

  • Security interest on company assets
  • Must be registered with ROC within 30 days
  • Filed in Form CHG-1
  • Penalty for delay: ₹1,000 per day
  • Satisfaction filed in Form CHG-4
  • Public can search registered charges

Frequently Asked Questions

What happens if charge is not registered with ROC?

Can buyers check company charges before purchase?