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Section 85 of Companies Act 2013: Company's Register of Charges

SECTION-85 (Company's Register of Charges) under CHAPTER-VI (Registration of Charges) of the Companies Act, 2013

(1) Every company shall keep at its registered office a register of charges in such form and in such manner as may be prescribed, which shall include therein all charges and floating charges affecting any property or assets of the company or any of its undertakings, indicating in each case such particulars as may be prescribed:

Provided that a copy of the instrument creating the charge shall also be kept at the registered office of the company along with the register of charges.

(2) The register of charges and instrument of charges, kept under sub-section (1) shall be open for inspection during business hours—
(a) by any member or creditor without any payment of fees; or 
(b) by any other person on payment of such fees as may be prescribed,
subject to such reasonable restrictions as the company may, by its articles, impose.

Extra Notes for Readers

(1) The Companies Act, 2013 received the assent of the President on the 29th August, 2013 (Published in the Gazette of India, Extraordinary, Part II - Section 1 by Ministry of Law and Justice, Legislative Department on 30th August, 2013)

(2) Section 85 of the Companies Act 2013 was notified by MCA Notification S.O. 902(E) dated 26th March 2014 (w.e.f. 1st April 2014)

(3) Further, refer the following rule(s) of the Companies (Registration of Charges) Rules, 2014
  • Rule 10 - Company’s register of charges [Form No. CHG.7]
  • Rule 11 - Register open for inspection
[Note: Please also check further amendments, if any, to the Companies (Registration of Charges) Rules, 2014]

This page was last updated on 12th March, 2017.

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