Rules 1 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rules 1 to 4 of the Registration of Charges Rules say how a company registers a charge it has created or modified, which form to use, how copies of the instrument are verified and how the Registrar may allow registration after the thirty days. This article states them as amended up to G.S.R. 664(E) dated 29 August 2022 per the MCA e-book, with rule 3(5) inserted by G.S.R. 320(E) of 27 April 2022. Later amendments should be checked.
The particulars of a charge and a copy of the instrument are filed in Form CHG-1 (other than debentures) or Form CHG-9 (debentures, including rectification) within thirty days of creation or modification, with the fee. A late filing is possible within the period section 77 specifies, on additional or ad valorem fee, and the Registrar may allow it on sufficient cause. Rule 3 does not apply to a bank's charge in favour of the Reserve Bank of India in the case rule 3(5) describes. Our section 77 post covers the Act.
Rules 1 and 2: commencement and definitions
Rule 1 is the short title: the Companies (Registration of Charges) Rules, 2014, notified as G.S.R. 248(E) on 31 March 2014 under sections 77, 78, 79, 81, 82, 83, 84, 85 and 87 read with section 469, and in force on 1 April 2014. Rule 2 defines "Act", "Annexure", "Fees" (as specified in the Companies (Registration Offices and Fees) Rules, 2014), "Form" or "e-forms", "Regional Director" and "section", and says that words not defined here carry their meaning under the Act or the Companies (Specification of Definitions Details) Rules, 2014. For the fee tables themselves, see our articles on the filing fees by nominal capital and the application and other fees.
Rule 3(1): the form and the thirty days
For registration of a charge under section 77(1), section 78 and section 79, the particulars of the charge, with a copy of the instrument (if any) creating or modifying it, are filed in:
- Form CHG-1 for charges other than debentures; or
- Form CHG-9 for debentures, including rectification,
duly signed by the company and the charge holder, with the Registrar within thirty days of the date of creation or modification, along with the fee. If you need the filing prepared, our filing of charge forms service covers it.
Rule 3(2) and (3): late filing and recovery of fees
Rule 3(2) says that if the particulars are not filed under sub-rule (1), the creation or modification shall be filed in CHG-1 or CHG-9 within the period specified in section 77, on payment of additional fee or ad valorem fee as prescribed in the Companies (Registration Offices and Fees) Rules, 2014. The rule does not itself state that period; it points to section 77. The additional fee is "as prescribed" in those fee rules; this article does not quote any figure.
Rule 3(3): where the company fails to register the charge under sub-rule (1) and registration is effected on the application of the charge holder, the charge holder is entitled to recover from the company the amount of any fees, additional fees or ad valorem fees he paid to the Registrar for the registration. Sub-rules (2) and (3) were substituted by the Amendment Rules of 30 April 2019; the earlier wording is not the current rule.
Rule 3(4): verifying the copy
| Instrument relates to | Who may verify the copy |
|---|---|
| Property solely outside India (clause (a)) | A certificate issued under the seal, if any, of the company, or under the hand of a director or company secretary of the company, or an authorised officer of the charge holder, or some person other than the company who is interested in the mortgage or charge. |
| Property wholly or partly in India (clause (b)) | A certificate under the hand of a director or company secretary of the company, or an authorised officer of the charge holder. |
The words "under the seal, if any" were substituted on 29 May 2015; a company without a common seal is not required to use one.
Rule 3(5): charges in favour of the Reserve Bank of India
G.S.R. 320(E) dated 27 April 2022 inserted sub-rule (5) after sub-rule (4), in force from publication in the Gazette. It says: nothing in rule 3 applies to any charge required to be created or modified by a banking company under section 77 in favour of the Reserve Bank of India when any loan or advance has been made to it under sub-clause (d) of clause (4) of section 17 of the Reserve Bank of India Act, 1934. The MCA e-book's rule 3 does not print this sub-rule; we apply it from the notification. The 1934 Act is cited as printed; check the current text of that Act.
Rule 4: filing after thirty days
Rule 4, substituted on 30 April 2019, says that for the first proviso and clause (b) of the second proviso to section 77(1), the Registrar may, on being satisfied that the company had sufficient cause for not filing the particulars and instrument within thirty days of creation (including modification), allow registration after thirty days but within the period specified in those provisos, on payment of fee, additional fee or ad valorem fee, as applicable, as prescribed in the Fees Rules.
Under sub-rule (2), the application is made in Form CHG-1 and Form CHG-9 and is supported by a declaration from the company, signed by its company secretary or a director, that the belated filing shall not adversely affect the rights of any other intervening creditors of the company.
Rule 4 therefore has three conditions in one place: sufficient cause, filing within the period set by section 77's provisos, and the intervening-creditors declaration. Rule 5 then applies rule 4, with the necessary changes, to a charge on property acquired subject to a charge and to modification under section 79; that rule is explained with the later rules in our article on rules 5 to 9.
Example
Harbour Logistics Private Limited takes a term loan from a bank and creates a charge on its warehouse in Gujarat. The company and the bank sign Form CHG-1 with a copy of the loan and mortgage deed, verified by a certificate under the hand of a director, and file it within thirty days of creation. Had the company missed the thirty days, it could apply with a declaration signed by its company secretary or a director that the late filing will not harm intervening creditors, and the Registrar could allow registration if satisfied of sufficient cause and within the section 77 period, on the prescribed additional fee. If the company itself never filed, the bank as charge holder could file and recover the fees from the company.
Need help with registering a charge?
Charge filings turn on dates, signatures and the right instrument copy. We prepare and file the forms and check the timing; see our filing of charge forms page, or our post on how to create and register a charge.
Key takeaways
- CHG-1 for charges other than debentures; CHG-9 for debentures, signed by the company and the charge holder.
- Thirty days from creation or modification; late filing is possible within the section 77 period on additional or ad valorem fee.
- A charge holder who files on the company's default recovers the fees from the company.
- A bank's charge in favour of the RBI in the rule 3(5) case is outside rule 3.
- The Registrar may allow late registration on sufficient cause with a declaration about intervening creditors.
Read next
- Rules 5–9 of the Registration of Charges Rules: certificate, register, CHG-4 and receiver
- Rules 10–13: register of charges, rectification and signing of forms
- Section 77: duty to register charges
- How to condone delay in charge filing
Disclaimer: Based on the Companies Act, 2013 rules named above as consolidated in the MCA e-book (consulted on 3 October 2026), with the later notifications the article names. Later amendments, fees, forms and the Companies Act, 2013 provisions referred to should be checked. This article is general information, not legal advice; check the official text before acting.