When must Form CHG-1 be filed after creating a charge?
How a company registers a charge in Form CHG-1 under section 77 of the Companies Act, 2013, the 30-day clock, the extra 60 days the Registrar can allow, and why an unregistered charge is ignored in a winding up.
In this guide
A company that creates a charge on its property, assets or undertaking must file Form CHG-1 with the Registrar within 30 days of creation under section 77 of the Companies Act, 2013. After the Companies (Amendment) Act, 2019 the Registrar may allow 60 days from creation on additional fees, then a further 60 days on ad valorem fees. An unregistered charge is ignored by a liquidator. Debenture charges use Form CHG-9.
What does Form CHG-1 register?
Section 77 of the Companies Act, 2013 makes it the duty of every company that creates a charge to register the particulars, signed by the company and the charge-holder, with the Registrar. On the MCA portal that filing is Form CHG-1 for charges other than those relating to debentures.
The charge can sit on property, assets or any undertaking, tangible or otherwise, in India or outside it. A modification of an existing charge uses the same form. Debenture charges use Form CHG-9. Satisfaction of a registered charge is Form CHG-4.
When is Form CHG-1 due?
Section 77(1) requires the particulars to be filed within 30 days of creation. Count from the date the charge is created, not from the date the loan is first drawn if those two dates differ.
Does the 2019 amendment change the extra time?
Yes, for charges created on or after the commencement of the Companies (Amendment) Act, 2019. The first proviso to section 77(1) lets the Registrar, on an application, allow registration within 60 days of creation on additional fees. If that is also missed, a further 60 days can be allowed on an application after payment of ad valorem fees. Charges created before that amendment had a different 300-day path, which is spent.
Who else can file Form CHG-1?
Section 78 lets the person in whose favour the charge is created file the particulars if the company fails to do so within the time in section 77. The MCA charge-management FAQ sends that filer to Form CHG-1 or Form CHG-9, signed, with the fee. The company can be required to repay the fee the charge-holder spent.
What if the 30 days have passed?
| When filed | What section 77 allows |
|---|---|
| Within 30 days of creation | Ordinary filing in Form CHG-1 |
| After 30 days, within 60 days of creation | Registrar may allow it on an application, with additional fees |
| After those 60 days | Registrar may allow a further 60 days after ad valorem fees |
| Company does not file | Charge-holder may file under section 78 |
Subsequent registration does not prejudice a right acquired in the property before the charge is actually registered. That is the third proviso to section 77(1). Filing late does not rewind an intervening transfer.
Why does an unregistered charge fail?
Section 77(3) is the reason banks watch this form. No charge created by a company shall be taken into account by the liquidator appointed under the Act or the Insolvency and Bankruptcy Code, 2016, or by any other creditor, unless it is duly registered and a certificate of registration has been given. Section 77(4) keeps the contract to repay the money. The loss is priority, not the debt.
How do I confirm the CHG-1 rules?
- Read section 77 for the 30-day duty and the extra windows after the 2019 amendment.
- Open the MCA Form CHG-1 page and confirm you are not on a CHG-9 (debentures) or CHG-4 (satisfaction) track.
- Keep the Registrar's certificate. That is the document section 77(3) tests, not the signed facility letter.
Why do CHG-1 filings get delayed?
- Counting 30 days from first drawdown instead of from the date the charge was created.
- Filing CHG-1 for a debenture charge that belongs in CHG-9, or filing CHG-1 to report a repayment that belongs in CHG-4.
- Treating the signed charge deed as registration, then finding the charge ignored in a winding up because no certificate issued.
- Leaving the filing to the company when section 78 already lets the charge-holder file.
Where are charge-form changes notified?
Charge forms, fees and the list of charges carved out in consultation with the Reserve Bank move through MCA. Complied AI keeps MCA updates in one feed so you can open the source behind a change. When the clock itself is the question, read section 77 next to that update.
Practical checks
Common questions
What is Form CHG-1 used for?
Form CHG-1 is the intimation of creation or modification of a charge other than a charge relating to debentures. It is filed under section 77, section 78 and section 79 of the Companies Act, 2013, with a copy of the instrument that created or modified the charge. Debenture charges go in Form CHG-9. Satisfaction of a registered charge is a different form, CHG-4.
How many days do I have to file CHG-1 after creating a charge?
Section 77(1) requires the particulars to be filed with the Registrar within 30 days of creation. For charges created on or after the Companies (Amendment) Act, 2019, the first proviso lets the Registrar allow filing within 60 days of creation on additional fees. A further 60 days can be allowed on an application after payment of ad valorem fees.
The company missed the CHG-1 deadline. Can the bank file it?
Yes. If the company does not register the charge within 30 days, section 78 lets the person in whose favour the charge is created file the particulars. The MCA charge-management FAQ points that filer to Form CHG-1 or Form CHG-9, signed, with the fee. The company can still be made to pay the fee the charge-holder spent.
What happens if a charge is never registered?
Section 77(3) says no charge created by a company shall be taken into account by the liquidator or any other creditor unless it is duly registered and a certificate of registration has been issued. The debt itself is not wiped out. Section 77(4) keeps the contract to repay the money. What is lost is priority against other creditors in a winding up.
Is Form CHG-1 the same as Form CHG-4?
No. CHG-1 records creation or modification of a charge other than a debenture charge. CHG-4 reports satisfaction, that is repayment, of a registered charge. Mixing the two leaves the charge still showing as open on the register after the loan is paid, or leaves a new charge unregistered.
Do charges on property outside India also need CHG-1?
Yes. Section 77(1) covers a charge created within or outside India, on property or assets or any undertaking, whether tangible or otherwise, and situated in or outside India. The place of the asset does not take the charge off the 30-day clock.
What certificate does the Registrar issue after CHG-1?
Section 77(2) requires the Registrar to issue a certificate of registration of the charge in the prescribed form to the company and, as the case may be, to the person in whose favour the charge is created. Keep that certificate. It is what section 77(3) looks for when a liquidator tests whether the charge counts.
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This guide is published by the Complied AI research desk. Its source list and stated position were checked against the official records shown below on 8 September 2026.
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