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Microlesson · 5-min read

Intimation of Appointment of Receiver or Manager (Section 84)

# Intimation of Appointment of Receiver or Manager (Section 84)

## Purpose

Section 84 deals with the appointment of a receiver or manager of property subject to a charge, and requires that intimation be given to the company and the Registrar.

This ensures the register of charges reflects who is in control of charged property, protecting third parties dealing with the company.

## Who Must Give Notice

The obligation arises in two situations:

1. Court / Tribunal-appointed Receiver: If any person obtains an order for the appointment of a receiver or a person to manage property which is subject to a charge.

2. Privately-appointed Receiver: If any person appoints such receiver or manager under any power contained in any instrument (e.g., a debenture trust deed).

## Notice Requirement

  • The appointing person shall give notice of such appointment to:
  • The Company, and
  • The Registrar,

along with a copy of the order or instrument.

  • Time limit: within 30 days from the passing of the order / making of the appointment.

## Action by Registrar

  • On payment of prescribed fees, the Registrar shall register particulars of the receiver, person or instrument in the register of charges.

## Notice in Form CHG-6

The person appointed as receiver / manager shall give notice in Form CHG-6 on:

  • Being appointed, and
  • On ceasing to hold such appointment,

to:

  • The company, and
  • The Registrar.

The Registrar shall, in turn, register such notice.

## Quick Summary Table

TriggerWho informsWhomFormTime
Order or appointment of receiver / managerThe person obtaining order / appointingCompany + Registrar(Copy of order/instrument)30 days
Appointment / Cessation of receiver-managerReceiver / Manager himselfCompany + RegistrarCHG-6On event

Worked example

### Example 1

Example: A debenture trust deed of ABC Ltd. authorises the trustees to appoint a receiver in default. The trustees appoint Mr. R as receiver on 1st June. The trustees must give notice of appointment to ABC Ltd. and the ROC, along with a copy of the trust deed, within 30 days (i.e., by 30th June). Mr. R must also give notice in Form CHG-6 on his appointment.

### Example 2

Example: A court passes an order on 10th July appointing Mr. M as receiver of XYZ Ltd.'s factory which is subject to a registered charge. The applicant who obtained the order must inform XYZ Ltd. and the Registrar with a copy of the order within 30 days. When Mr. M later ceases to act, he must file a fresh Form CHG-6.

⚠️ Common exam mistakes

  • Forgetting that the receiver / manager himself also has an obligation under Form CHG-6 — separate from the appointing person.
  • Failing to file Form CHG-6 again on cessation of office — both events trigger it.
  • Believing only court-ordered receivers are covered — receivers appointed under instruments (e.g., debenture trust deeds) are also covered.
  • Missing the 30-day window from the date of order/appointment.
Bare-Act text Section 84 · The Companies Act, 2013 · click to expand
If any person obtains an order for the appointment of a receiver of, or of a person to manage, the property, subject to a charge, of a company or if any person appoints such receiver or person under any power contained in any instrument, he shall, within a period of thirty days from the date of the passing of the order or of the making of the appointment, give notice of such appointment to the company and the Registrar along with a copy of the order or instrument and the Registrar shall, on payment of the prescribed fees, register particulars of the receiver, person or instrument in the register of charges. Any person appointed under sub-section (1) shall, on ceasing to hold such appointment, give to the company and the Registrar a notice to that effect and the Registrar shall register such notice.
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