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Companies Act & MCA

Charge Creation and Loan Security: MCA Filing Risk Explained

Loan Charges: MCA Filing Controls
CA Nikhil Gupta·May 2026·2 min readCorporate Finance

Reviewed by CA Nikhil Gupta · Last reviewed 1 June 2026

Manage security from sanction and document execution through ROC registration, modification and satisfaction.

A lender may have a signed security document, but the company still has a separate obligation to register the charge. Missing the ROC clock can complicate enforceability, priority and insolvency analysis. The filing should be designed into the loan closing checklist, not left as a post-disbursement reminder.

Start clock

Charge registration ordinarily starts with a 30-day filing window.

Late routes

Additional and ad valorem fee routes exist, but later filing can prejudice rights acquired before registration.

Not only creation

Modification, acquisition of charged property and satisfaction also require action.

Company record

CHG-7 and underlying instruments must remain controlled and reconciled.

1. The operating framework

Lifecycle stageCompany actionEvidence
SanctionMap facility, borrower, guarantor, security provider and assets.Sanction letter, term sheet and authority matrix.
ApprovalObtain Board/shareholder or investor consent where applicable.Resolutions, Section 179/180 analysis and reserved-matter approval.
ExecutionSign facility and security documents; identify charge-creation date correctly.Executed instruments, stamp/registration evidence and asset schedule.
ROC filingFile CHG-1 or CHG-9 as applicable within the statutory window and track certification.Filed form, attachments, challan and ROC certificate.
ModificationFile changes in amount, terms, assets or charge extent where registrable.Amendment documents and modified certificate.
SatisfactionObtain lender release and file CHG-4; update CHG-7.No-dues/release letter, form and satisfaction certificate.

2. CFO playbook

  • Create a security-closing checklist before first disbursement.
  • Identify every charging entity; a group-company guarantor may have its own approvals and filings.
  • Record the legal date of creation/modification—not merely the disbursement date.
  • Use a 30/60/120-day escalation dashboard for post-2019 charges, with professional confirmation of the applicable route.
  • Reconcile ROC charge data quarterly to bank confirmations, loan ledgers and fixed-asset records.
  • Keep the company’s CHG-7 register current and preserve instruments for the required period after satisfaction.
  • After repayment, do not rely only on a bank email; complete release, filing and register closure.

3. Practical example

A company signs a deed hypothecating receivables on 1 July, but the first drawdown is 20 July. The charge clock may run from document creation, not the drawdown. The legal and finance teams should agree the trigger date and file accordingly instead of waiting for the next monthly close.

4. Common failure points

  • Treating sanction date, execution date and disbursement date as interchangeable.
  • Filing only the parent company’s charge when subsidiaries also provide security.
  • Ignoring modifications after facility enhancement or collateral change.
  • Leaving satisfied charges open on MCA records.
  • Assuming late registration has the same priority effect as timely registration.

5. Evidence folder

  • Facility and security document index
  • Approval memo and resolutions
  • Charge-date determination
  • CHG-1/CHG-9 pack and certificate
  • CHG-7 register
  • Quarterly lender/ROC reconciliation
  • CHG-4 and release evidence

6. Finin2min takeaway

Design the evidence before the transaction.

Reliable compliance is the result of clear ownership, timely action, reconciled records and a documented escalation route—not a last-minute filing exercise.

Frequently Asked Questions

Who can file if the company does not? â–¼
Section 78 allows the chargeholder to apply in specified circumstances, generally after giving notice to the company.
Is an unregistered charge automatically void for every purpose? â–¼
The Act specifically affects recognition against the liquidator and creditors; the underlying repayment obligation may still remain. Obtain legal advice for enforcement and insolvency consequences.
How quickly should satisfaction be filed? â–¼
Section 82 ordinarily provides 30 days, with a prescribed extended route. Close it promptly after lender release.

Source and review trail

Use the current official instrument, portal or regulator publication before acting. This panel separates the category authority from page-specific references.

Primary category
Companies Act & MCA
Official starting point
www.mca.gov.in

Page source links

Primary sources & related provisions

Statutory provisions referenced in this guide:

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© 2026 Finin2min. For informational purposes only.
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