Application for registration of charge
Section 78 of the Companies Act, 2013 deals with application for registration of charge. Where a company fails to [register the charge within the period specified in section 77], without prejudice to its liability in respect of any offence under this Chapter, the person in whose favour the charge is created may apply to the Registrar for registration of the charge along with the instrum The Act came into force on 01 Apr 2014.
Where a company fails to 1[register the charge within the period specified in section 77], without prejudice to its liability in respect of any offence under this Chapter, the person in whose favour the charge is created may apply to the Registrar for registration of the charge along with the instrument created for the charge, within such time and in such form and manner as may be prescribed and the Registrar may, on such application, within a period of fourteen days after giving notice to the company, unless the company itself registers the charge or shows sufficient cause why such charge should not be registered, allow such registration on payment of such fees, as may be prescribed:
Provided that where registration is effected on application of the person in whose favour the charge is created, that person shall be entitled to recover from the company the amount of any fees or additional fees paid by him to the Registrar for the purpose of registration of charge
Section 78, The Companies Act, 2013 (Act 18 of 2013).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Made under this section, and citing it
3 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
Another 2 instruments name this provision in its title or its text without being made under it.
Questions about Section 78
What does Section 78 of the Companies Act deal with?
Section 78 of the Companies Act is headed "Application for registration of charge". Where a company fails to [register the charge within the period specified in section 77], without prejudice to its liability in respect of any offence under this Chapter, the person in whose favour the charge is created may apply to the Registrar for registration of the charge along with the instrum
How do I find court cases under Section 78 of the Companies Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Companies Act 78, section 78 Companies Act, section 78 of the Companies Act. People searching for it also type companies act 78b and companies act 78 of 2008. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 78 of the Companies Act, and has it changed?
Its own text turns on section 77 (Duty to register charges, etc), so none of them can safely be read on its own. The rules and notifications made under it are where it actually bites, and there are 3: most recently G.S.R. NO. 664(E) The Companies (Registration of Charges) Second Amendment Rules, 2022 dated 29.08.2022 (2022), then Companies (Registration of Charges) Amendment Rules, 2015 (2015), and 1 more.
When did Section 78 of the Companies Act come into force?
Section 78 of the Companies Act, cited as Companies Act 78, came into force on 01 Apr 2014, having been enacted on 29 Aug 2013. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions5089 words
- 143. Powers and duties of auditors and auditing standards1867 words
- 230. Power to compromise or make arrangements with creditors and members1432 words
- 232. Merger and amalgamation of companies1416 words
- 149. Company to have Board of Directors1403 words
- 217. Procedure, powers, etc., of inspectors1390 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.