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Microlesson · 5-min read

Registration of Charges – Ad Valorem Fee & Timelines (Section 77)

# Registration of Charges – Ad Valorem Fee & Timelines

## What is Ad Valorem Fee?

Ad valorem is a Latin term meaning "according to the value". In the context of charge registration, ad valorem fee is calculated as a percentage of the amount secured by the charge.

## Three-Step Timeline for Registration of Charge

The Act provides a staggered timeline with increasing fees as delay grows:

StepActionTime PeriodTotal Days from CreationFees Payable
1st StepRegistration of charge with ROCWithin 30 days of creation of charge30 daysNormal Fees
2nd StepIf failed to file within 30 daysWithin a further 30 days (i.e., within 60 days of creation)60 daysNormal Fees + Additional Fees
3rd StepIf failed to file within 60 daysRegistrar may, on an application, allow registration within a further 60 days120 daysNormal Fees + Additional Fees + Ad Valorem Fees

## Issue of Certificate of Registration

  • On registration of a charge, the Registrar shall issue a Certificate of Registration in Form CHG-2 to:
  • The company, and
  • The charge-holder (person in whose favour the charge is created), as applicable.
  • The certificate so issued is conclusive evidence that the requirements of Chapter VI of the Act and the rules thereunder relating to registration of creation of charge have been complied with.

## Key Takeaways

  • Normal fee → up to 30 days.
  • Normal + Additional → 30 to 60 days.
  • Normal + Additional + Ad Valorem → 60 to 120 days (only with Registrar's permission on application).
  • After 120 days from creation, registration of the original charge cannot be done under Section 77.

Worked example

### Example 1

Example: A company creates a charge on 1st April. It files Form CHG-1 on 25th April. Since this is within 30 days, only normal fees are payable.

### Example 2

Example: A company creates a charge on 1st April. It files Form CHG-1 on 15th May (44 days later). Since the filing is between 30–60 days, normal fees + additional fees are payable.

### Example 3

Example: A company creates a charge on 1st April but fails to file within 60 days. On 20th June (80 days later), it applies to the Registrar. The Registrar may allow registration within a further 60 days on payment of normal fees + additional fees + ad valorem fees.

⚠️ Common exam mistakes

  • Treating ad valorem fee as a flat fee — it is actually a percentage of the secured amount.
  • Forgetting that the third-step extension (60+60 days) requires an application to the Registrar; it is not automatic.
  • Confusing CHG-1 (registration application form) with CHG-2 (certificate of registration issued by Registrar).
  • Believing the Certificate of Registration is only conclusive evidence of debt — it is conclusive evidence only of compliance with Chapter VI registration requirements.
Bare-Act text Section 77 · The Companies Act, 2013 read with Companies (Registration of Charges) Rules, 2014 · click to expand
If a charge is registered with the Registrar, a certificate of registration of such charge shall be issued in Form CHG-2 to the company and, as the case may be, to the person in whose favour the charge is created. The certificate so issued by the Registrar shall be conclusive evidence that the requirements of Chapter VI of the Act and the rules made thereunder as to registration of creation of charge have been complied with.
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