CS Executive · Company Law and Practice · Charges
Zenith Pharma Ltd maintains a register of charges at its registered office but keeps the copies of the instruments creating the charges only at its corporate office in another city. Which statement is correct under Section 85?
The practice is non-compliant. Section 85 requires the company to keep, at its registered office, the register of charges and also a copy of the instrument creating each charge along with it. Keeping instruments only at another office does not satisfy the requirement.
- AThe practice is compliant because only the register must be at the registered office
- BThe practice is non-compliant because a copy of each instrument creating the charge must be kept at the registered office with the registerCorrect
- CThe practice is compliant if the Registrar is informed of the location
- DThe practice is non-compliant only if a creditor complains
Explanation
The proviso to Section 85(1) requires a copy of the instrument creating the charge to be kept at the registered office along with the register of charges. Option A ignores this proviso. The duty does not depend on a complaint or on informing the Registrar.
Did you get it right without looking?
One question tells you little. A timed set on Charges shows your real accuracy, how long you take and where you lose marks.
More Charges questions
- Kaveri Plastics Ltd created a charge on its plant on 10 June (after the Companies (Amendment) Act, 2019 commenced) and missed the thirty-day…
- Orchid Pharma Pvt Ltd buys a plot that is already subject to a charge in favour of a financier. Which statement is correct under the Compani…
- Anita Desai, who is neither a member nor a creditor of Sundaram Engineering Ltd, wishes to inspect its company register of charges at the re…
- Kaveri Textiles Ltd keeps its register of charges at its registered office in Coimbatore. Mr. Arun, a member of the company, visits during b…
- Himalaya Foods Ltd obtained a loan secured by a charge on its factory, but the charge was never registered and no certificate was issued. Th…
- Meera Traders, a stranger to Orbit Steels Ltd, wants to inspect the register of charges kept by the company at its registered office. Which …