# Powers of ROC to Make Entries of Satisfaction (Section 83)

## 1. The Power

The Registrar has an independent, suo motu power to enter satisfaction or release of a charge in the register, even without intimation from the company or the charge-holder.

## 2. When Will the ROC Use This Power?

Typical situations include:

The property subject to a charge has been sold to a third party.
Neither the company nor the charge-holder has filed intimation of satisfaction.

## 3. What the ROC Can Record

Based on the evidence before him, the ROC may enter a memorandum stating that:

the debt has been satisfied wholly or partially, OR
part of the property or undertaking has been released from the charge, OR
the property has ceased to form part of the company's assets.

## 4. Relationship with Section 82

Section 82(4) makes it clear: Section 82 does NOT restrict the ROC's powers under Section 83. The ROC can act even where no intimation is received from the company.

## 5. Notice to Affected Parties

After making such an entry, the Registrar must inform all affected parties within 30 days of making the entry in the register.

## 6. Certificate of Satisfaction

On entering a full memorandum of satisfaction, the ROC issues a Certificate of Registration of Satisfaction of Charge in Form CHG-5 — the same form used under Section 82.

Worked example

### Example 1

Example 1 — Sale to third party: A factory subject to a registered charge is sold by the company to a third party. Neither party files CHG-4. The ROC, on receiving credible evidence of the sale and discharge, may enter a memorandum of satisfaction under Section 83 and issue CHG-5.

### Example 2

Example 2 — Partial release: A bank releases one of two charged assets but the company forgets to intimate. On evidence, the ROC may enter a memorandum that the released asset has ceased to be part of the security.

⚠️ Common exam mistakes

Believing the ROC can only act on the company's intimation — Section 83 gives independent power.
Forgetting that affected parties must be notified within 30 days.
Treating Sections 82 and 83 as alternatives — they coexist; Section 83 is a backstop.

Bare-Act text Section 83 · Companies Act, 2013 · click to expand

Section 83(1) – The Registrar may, on evidence being given to his satisfaction with respect to any registered charge, – (a) that the debt for which the charge was given has been paid or satisfied in whole or in part; or (b) that part of the property or undertaking charged has been released from the charge or has ceased to form part of the company's property or undertaking, enter in the register of charges a memorandum of satisfaction in whole or in part, or of the fact that part of the property or undertaking has been released from the charge or has ceased to form part of the company's property or undertaking, as the case may be, notwithstanding the fact that no intimation has been received by him from the company.

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