◇The Ministry of Corporate Affairs (MCA) has issued and notified Companies (Registration of Charges) Second Amendment Rules, 2022.
◇The Notification have added Rule 13 which have modified charge e-forms by enabling e-signatures by insolvency resolution professional or resolution professional or liquidator for companies undergoing CIRP or liquidation.
◇The Notification stated as follows:
1)In exercise of the powers conferred by sections 77,78,79,81,82,84,85,87 read with sub-sections (1) and (2) of section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Registration of Charges) Rules, 2014, namely:-
2)These rules may be called the Companies (Registration of Charges) Second Amendment Rules, 2022.
3) They shall come into force from the date of their publication in the Official Gazette
4)In the Companies (Registration of Charges) Rules, 2014 (hereinafter referred to as the said rules), after rule, 12, the following rule shall be inserted, namely:-
“13. Signing of charge e-forms by insolvency resolution professional or resolution professional or liquidator for companies under resolution or liquidation.-The Form No.CHG-1, CHG-4, CHG-8 and CHG-9 shall be signed by Insolvency resolution professional or resolution professional or liquidator for companies under resolution or liquidation, as the case may be and filed with Registrar”.
Notification:
