Sections 78, 79 and 80 of the Companies Act, 2013: Registration of Charges Explained
Sections 78, 79 and 80 form part of Chapter VI of the Companies Act, 2013 dealing with registration of charges. They address registration by a charge-holder when the company defaults, the situations in which Section 77 also applies, and the legal effect of registration as notice to persons acquiring an interest in charged property.
Meaning of a charge under the Companies Act
For this Chapter, a charge is an interest or lien created on the property or assets of a company, or any of its undertakings, as security and includes a mortgage. Registration places prescribed particulars of the security interest on the statutory record maintained by the Registrar of Companies.
| Section | Subject | Practical effect |
|---|---|---|
| 78 | Application for registration of charge | Enables the person in whose favour the charge is created to seek registration where the company has failed to register it within the Section 77 period. |
| 79 | Section 77 to apply in certain matters | Applies the registration framework, so far as may be, to acquisition of charged property and modification of a registered charge. |
| 80 | Date of notice of charge | A person acquiring the relevant property or interest is deemed to have notice of the charge from its registration date. |
Section 78 - Application for registration of charge
Section 78 provides a statutory remedy to the person in whose favour a charge has been created when the company fails to register that charge within the period specified in Section 77. The company's failure does not prevent the charge-holder from approaching the Registrar, and the company's liability for any contravention under the Chapter is preserved.
Core rule: The charge-holder may apply to the Registrar for registration of the charge together with the instrument creating it, within the prescribed time and in the prescribed form and manner.
The Registrar may allow registration after giving the company fourteen days' notice, unless the company itself registers the charge or shows sufficient cause why it should not be registered.
Where registration is effected on the charge-holder's application, the charge-holder is entitled to recover from the company the fees or additional fees paid to the Registrar for that registration.
The current statutory wording should be read with Section 77 and the Companies (Registration of Charges) Rules, 2014, as amended. For prescribed filings, Form CHG-1 is used for creation or modification of charges other than those relating to debentures, while Form CHG-9 applies to debenture-related charges, subject to the current MCA filing system and applicable rules.
Section 79 - Section 77 to apply in certain matters
Section 79 makes the provisions of Section 77 concerning registration of charges applicable, so far as may be, in two additional situations:
(a) where a company acquires property that is already subject to a charge within the meaning of Section 77; and
(b) where there is a modification in the terms or conditions, extent or operation of a charge registered under Section 77.
This means that registration obligations are not confined to the initial creation of a security interest. A relevant acquisition of charged property or a modification of an existing registered charge must also be considered under the statutory registration framework.
Section 80 - Date of notice of charge
Section 80 deals with the legal consequence of registration. Where a charge on the property or assets of a company, or on any of its undertakings, is registered under Section 77, a person who later acquires that property, asset, undertaking, any part of it, or any share or interest in it is deemed to have notice of the charge from the date of registration.
How Sections 77 to 80 work together
Section 77 places the primary duty to register a charge on the company. Section 78 provides a route for the charge-holder where the company defaults. Section 79 extends the registration regime to specified acquisitions and modifications. Section 80 then attaches the consequence of deemed notice to a charge registered under Section 77.
Current filing and compliance point
The statutory time limits and fee consequences for registration are governed principally by Section 77 as amended and the applicable Companies (Registration of Charges) Rules. Companies and charge-holders should therefore check the current MCA e-filing requirements, prescribed form, applicable fees and the date of creation or modification before filing. Older references to the former general 300-day regime should not be used without checking the current amended law.
Official legal resources
For the authoritative text and current filing environment, see the India Code portal and the Ministry of Corporate Affairs portal. The Companies (Registration of Charges) Rules, 2014 and subsequent amendments should be read together with Sections 77 to 80.
Updated: 17 September 2026. This article is intended for general legal information. Filing requirements should be verified against the current Act, Rules, notifications and MCA portal before action is taken.