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Q. > Please Help: Company Law
What is stepwise procedure and documentation to file pettition before CLB for delay in filing of form 8 of registration of charge.
answered Apr 22, 2012 by Mrattunjay , New Delhi
required to file Condonation of delay with proper details and documentation . In CLB most of the cases this accepted
answered Apr 23, 2012 by Akanksha Handa
If Company fails to file form 8 to ROC within 62 days, then the Company have to take the condonation of delay in filing such particulars with Company Law Board u/s 141 of the Companies Act, 1956.
Along with Petition containing details about company, charge delayed and reason thereof. following documents are required
• Affidavit verifying the petition.
• Board Resolution authorising director to make affidavit.
• Memorandum of Appearance by professional appearing on behalf of the company.
On hearing the case CLB decide about the genuinity of the case on the ground of just and equitable will levy cost for such delay and condone the delay / rectification by issuing order in this behalf.
Than Company will file the copy of order alongwith Form No. 21 with ROC and get the registration.
Experts Panelist
Comments
Rakesh
22-Apr-2012 , 04:55:02 pmwhat are documents which are need to be filled for condonation of delay.??
Akanksha Handa
23-Apr-2012 , 09:25:44 amIf Company fails to file form 8 to ROC within 62 days, then the Company have to take the condonation of delay in filing such particulars with Company Law Board u/s 141 of the Companies Act, 1956. Along with Petition containing details about company, charge delayed and reason thereof. following documents are required • Affidavit verifying the petition. • Board Resolution authorising director to make affidavit. • Memorandum of Appearance by professional appearing on behalf of the company. On hearing the case CLB decide about the genuinity of the case on the ground of just and equitable will levy cost for such delay and condone the delay / rectification by issuing order in this behalf. Than Company will file the copy of order alongwith Form No. 21 with ROC and get the registration.
Rakesh
24-Apr-2012 , 09:41:09 amThanks! Akanksha Handa.Can u provide me format soft copy of affidavit,board resolution and memorandum of appearance required u/s 141 of companies act 1956 for filing condonation of delay.and also pls tell me how delay will be calculated ,from the end of 62 days or 30 days of loan/HYP agreement.