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Microlesson · 5-min read

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

# Registers of Charges — Maintained by the ROC and by the Company

The Act mandates two parallel registers of charges: one by the ROC (public) and one by the company itself (internal).

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

1. The ROC maintains a register of charges for every company in the prescribed form and manner.

2. The MCA portal (www.mca.gov.in/MCA21) is deemed to be the official register of charges for this purpose.

3. The register is open to inspection by any person on payment of the prescribed fee.

## Part B — Register of Charges Maintained by the Company (Section 85)

### 1. Form & Location

  • Maintained in Form CHG-7 at the registered office of the company.

### 2. What Must Be Recorded

The register shall include:

  • All charges and floating charges affecting any property, asset, or undertaking of the company.
  • Details of any property acquired subject to a charge.
  • Any modification or satisfaction of a charge.

A copy of the instrument creating the charge must also be kept at the registered office along with the register.

### 3. Timing of Entries

Entries must be made immediately after the creation, modification, or satisfaction of a charge.

### 4. Authentication of Entries

Entries shall be authenticated by:

  • a Director, OR
  • the Company Secretary, OR
  • any other person authorised by the Board for this purpose.

### 5. Inspection Rights

The register and the instruments shall be open for inspection during business hours to:

  • Members and creditors — free of charge.
  • Other persons — on payment of prescribed fees.

Subject to reasonable restrictions imposed by the company's Articles of Association (AOA).

### 6. Preservation

DocumentPreservation Period
Register of charges (CHG-7)Permanently
Instruments creating the charge8 years from the date of satisfaction of the charge

Worked example

### Example 1

Example 1 — Floating charge entry: A company creates a floating charge over its stock-in-trade. This must be recorded in Form CHG-7 immediately after creation, and the underlying loan/security instrument must also be kept at the registered office.

### Example 2

Example 2 — Inspection rights: Mr. M, a shareholder, wants to inspect the company's register of charges. He may do so during business hours free of charge. A trade vendor wanting the same inspection would pay the prescribed fee.

### Example 3

Example 3 — Preservation: A charge created in 2010 is satisfied in 2024. The CHG-7 register itself must be preserved permanently. The instrument creating that 2010 charge must be preserved until 2032 (8 years post-satisfaction).

⚠️ Common exam mistakes

  • Mixing up the periods: CHG-7 is preserved permanently, but instruments are preserved only 8 years after satisfaction.
  • Forgetting members and creditors inspect free of charge — only outsiders pay.
  • Thinking only the ROC's register matters — companies must also maintain their own CHG-7 register.
  • Missing that the instrument creating the charge (not just summary details) must also be kept at the registered office.
Bare-Act text Sections 81 and 85 · Companies Act, 2013 · click to expand
Section 85(1) – Every company shall keep at its registered office a register of charges in such form and in such manner as may be prescribed, which shall include therein all charges and floating charges affecting any property or assets of the company or any of its undertakings, indicating in each case such particulars as may be prescribed.
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