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Microlesson · 5-min read

Register of Charges – Maintained by Company and ROC (Sections 81 & 85)

# Register of Charges

There are two registers of charges contemplated under the Act:

RegisterMaintained byFormGoverning Section
Register of ChargesThe CompanyForm CHG-7Section 85
Register of ChargesThe Registrar (ROC)(MCA Portal records)Section 81

> Note: Section 85 (Company's Register of Charges) has been removed from the CA Inter syllabus as per ICAI Notification. However, the structural comparison is included for completeness.

## Register of Charges Maintained by the Company

  • Maintained in Form CHG-7.
  • Shall be preserved permanently.
  • Kept at the registered office of the company.
  • May be maintained in physical or electronic form.
  • Entries to be made in chronological order within 7 days of the transaction.
  • Preserved under the custody of the Company Secretary or a person appointed by the directors.
  • Authenticated by the CS or person appointed by directors.
  • Available for inspection by members free of cost; non-members on payment of prescribed fees.
  • Copies / extracts can be obtained on payment of fees — not exceeding ₹10 per page.
  • The instrument creating the charge must be preserved for 8 years from the satisfaction of charge.

## Register of Charges Maintained by the Registrar (Section 81)

  • The Registrar shall keep a register containing particulars of charges registered.
  • Particulars maintained on the Ministry of Corporate Affairs portal (www.mca.gov.in) are deemed to be the register of charges for the purposes of Section 81.
  • This register is open to inspection by any person on payment of prescribed fees.

## Key Difference

  • The ROC's register is the public, definitive register that establishes deemed notice (Section 80).
  • The company's register is an internal record maintained for transparency and statutory compliance.

Worked example

### Example 1

Example: XYZ Ltd. creates a charge on 1st May. It must record this in Form CHG-7 (Register of Charges) within 7 days — i.e., by 8th May.

### Example 2

Example: Mr. A, a member of XYZ Ltd., wants to inspect the company's register of charges. He is entitled to do so free of cost at the registered office during business hours. Mr. B, a non-member, must pay the prescribed inspection fee.

⚠️ Common exam mistakes

  • Confusing CHG-7 (company's register) with CHG-1 (registration application) or CHG-2 (certificate of registration).
  • Forgetting the 7-day deadline for entries in the company's register.
  • Charging members for inspection — members get inspection free.
  • Charging more than ₹10 per page for copies/extracts.
  • Disposing of the instrument creating charge immediately after satisfaction — it must be preserved for 8 years from the date of satisfaction.
Bare-Act text Sections 81 & 85 · The Companies Act, 2013 read with the Companies (Registration of Charges) Rules, 2014 · click to expand
The Registrar shall, in respect of every company, keep a register containing particulars of the charges registered under this Chapter in such form and in such manner as may be prescribed.
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