Costing Standards Accounting Standards E-Forms

The Companies Act, 2013

Chapter VI - Registration of Charges (77-87)

Section 87- Rectification by the Central Government in register of charges.

[Notification/ Effective Date: 12.09.2013]

[Powers under Section 87 delegated to Regional Directors vide Notification S.O. 4090(E) dated 19.12.2016]

Section 87- Rectification by the Central Government in register of charges. [Corresponds to Section 141 of the Companies Act, 1956]; [Relevant Rule: 12 of The Companies (Registration of Charges) Rules, 2014]

 (1) The Central Government on being satisfied that—

(i) (a) the omission to file with the Registrar the particulars of any charge created by a company or  any charge subject to which any property has been acquired by a company or  any modification of such charge; or

(b) the omission to register any charge within the time required under  this Chapter or  the omission to give intimation to the Registrar of the payment or   the satisfaction of a charge, within the time required under  this Chapter; or

(c) the omission or mis-statement of any particular with respect to any such charge or modification or with respect to any memorandum of satisfaction or  other entry made in pursuance of section 82 or section 83,

was accidental or  due to inadvertence or some other sufficient cause or  it is not of a nature to prejudice the position of creditors or shareholders of the company; or

(ii)  on any other grounds, it is just and equitable to grant relief,

it may on the application of the company or any person interested and on such terms and conditions as it may seem to the Central Government just and expedient, direct that the time for the filing of the particulars or for the registration of the charge or for the giving of intimation of payment or satisfaction shall be extended or, as the case may require, that the omission or mis-statement shall be rectified.

(2) Where the Central Government extends the time for the registration of a charge, the order shall not prejudice any rights acquired in respect of the property concerned before the charge is actually registered.