Section 77 — Duty to register charges, etc

(1) It shall be the duty of every company creating a charge within
or outside India, on its property or assets or any of its undertakings, whether tangible or otherwise, and
situated in or outside India, to register the particulars of the charge signed by the company and the charge-
holder together with the instruments, if any, creating such charge in such form, on payment of such fees
and in such manner as may be prescribed, with the Registrar within thirty days of its creation:
5[Provided that the Registrar may, on an application by the company, all ow such registration to be
made—
(a) in case of cha rges created before the commencement of the Companies (Amendment) Act,
2019, within a period of three hundred days of such creation; or

1. Ins. by Act 21 of 2015, s. 8 (w.e.f. 29-5-2015).
2. Subs. by Act 1 of 2018, s. 17, for “one crore rupees” (w.e.f. 9-2-2018).
3. Subs. by s. 17, ibid., for “seven years or with fine” (w.e.f. 9-2-2018).
4. The words “or with both” omitted by s. 17, ibid. (w.e.f. 9-2-2018).
5. Subs. by Act 22 of 2019, s. 11, for first and second provisos (w.e.f. 2-11-2018).

(b) in case of charges created on or after the commencement of the Companies (Amendment) Act,
2019, within a period of sixty days of such creation,
on payment of such additional fees as may be prescribed:
Provided further that if the registration is not made within the period specified—
(a) in clause (a) to the first proviso, the registration of the charges shall be made within six months
from the date of commencement of the Companies (Amendment) Act, 2019, on pa yment of such
additional fees as may be prescribed and different fees may be prescribed for different classes of
companies;
(b) in clause (b) to the first proviso, the Registrar may, on an application, allow such registration to
be made within a further pe riod of sixty days after payment of such ad valorem fees as may be
prescribed.]
Provided also that any subsequent registration of a charge shall not prejudice any right acquired in
respect of any property before the charge is actually registered:
1[Provided also that this section shall not apply to such charges as may be prescribed in consultation
with the Reserve Bank of India.]
(2) Where a charge is registered with the Registrar under sub-section (1), he shall issue a certificate of
registration of such charge in such form and in such manner as may be prescribed to the company and, as
the case may be, to the person in whose favour the charge is created.
(3) Notwithstanding anything contained in any other law for the time being in force, no charge created
by a company shall be taken into account by the liquidator 2[appointed under this Act or the Insolvency and
Bankruptcy Code, 2016 (31 of 2016), as the case may be,] or any other creditor unless it is duly registered
under sub-section (1) and a certificate o f registration of such charge is given by the Registrar under sub -
section (2).
(4) Nothing in sub-section (3) shall prejudice any contract or obligation for the repayment of the money