Identify the event and the responsible person
Section 84 of the Companies Act, 2013 applies where a person obtains an order appointing a receiver or manager of company property subject to a charge, or appoints one under a power in an instrument. The person obtaining the order or making the appointment must notify both the company and the Registrar within 30 days from passing of the order or making of the appointment, respectively, with a copy of the order or instrument. This is distinct from registering the charge or recording its satisfaction.
Read the applicable text: Companies Act, 2013, sections 84 and 384; Companies (Registration of Charges) Rules, 2014, rule 9; G.S.R. 664(E) of 29 August 2022, substituted Form CHG-6; MCA instruction kit for CHG-6; General Clauses Act, 1897, sections 9 and 10.
Reconcile the order or instrument before filing
Rule 9 of the Companies (Registration of Charges) Rules prescribes CHG-6 with the applicable fee. Start with the instrument and its operative scope. Match the CIN or applicable foreign company registration number, charge identifiers, receiver or manager, event type and relevant dates. Section 384(4) applies the charges chapter, with necessary changes, to charges on properties created or acquired by a foreign company. The substituted CHG-6 distinguishes a court order from an instrument and distinguishes property from income arising from property. Read those prompts against the order; an appointment concerning income from a specified asset need not extend to the asset itself or other company property.
Keep both notice trails
Retain proof of notice to the company and the Registrar filing evidence. The Registrar registers the relevant particulars on payment of the prescribed fees. A form reference is useful evidence of filing, but confirm registration before treating the public record as updated. For the 30-day working, preserve the order date or appointment date even when the document was received later. Count from the next calendar day. The examples give unadjusted calendar markers; file and serve before the marker where possible, and check separately whether any office-closure rule applies to the specific act. Do not assume the same adjustment applies to notifying the company.
Use a separate cessation event
Section 84(2) requires the appointed person, on ceasing to hold the appointment, to give notice to both recipients and the Registrar registers that notice. Rule 9 uses CHG-6 for cessation as well. Do not import the express 30-day appointment period into subsection (2) by analogy; act on cessation and retain its effective date and evidence. Cessation alone does not establish repayment of the debt or release of the charge.
Six worked illustrations
All facts and amounts are fictional. Calculations illustrate the stated assumptions, not a predetermined legal outcome.
Illustrative example 1: Court order controls
A court order is passed on 6 August 2026 and received on 11 August. Thirty days after the order is 5 September; counting from receipt would give 10 September, five days later.
Illustrative example 2: Instrument date differs from appointment
A security instrument is executed on 1 September 2026 and the appointment under it is made on 20 September. Thirty days from appointment is 20 October, rather than 1 October from signing the instrument.
Illustrative example 3: Two separate appointments
Two court appointments are ordered on 2 and 12 October 2026. The respective 30-day calendar markers are 1 and 11 November. Track both even if the same receiver acts.
Illustrative example 4: Specified assets only
Four charged properties have reference values of ₹40 lakh each. The order covers two specified properties. The property schedule in scope totals ₹80 lakh; the other ₹80 lakh is not covered by that order on the stated facts.
Illustrative example 5: Income rights only
The order covers rents from site A of ₹3 lakh per month and excludes site B rents of ₹2 lakh. For a three-month control, covered income is ₹9 lakh, not the combined ₹15 lakh. Do not report site A itself as covered if the order concerns income only.
Illustrative example 6: Close the role, keep the debt
A receiver ceases to act when debt outstanding under the charge is ₹45 lakh, down from ₹60 lakh after a verified ₹15 lakh payment. Record cessation separately; the remaining ₹45 lakh does not disappear with the appointment.
Ten-step verification table
| Step | Action | Evidence |
|---|---|---|
| 1 | Classify the legal event | Appointment or cessation evidence. |
| 2 | Identify who has the notice duty | Order applicant, appointor or outgoing appointee. |
| 3 | Confirm the statutory trigger date | Order date or appointment instrument and record. |
| 4 | Calculate the appointment notice deadline | Dated 30-day working. |
| 5 | Map charge IDs and entity | CIN and registered charge extracts. |
| 6 | Define property or income in scope | Order schedules and asset reconciliation. |
| 7 | Complete CHG-6 with supporting documents | Applicable order or instrument and filing record. |
| 8 | Notify the company separately | Delivery evidence. |
| 9 | Verify Registrar registration | Acknowledgement and charge record. |
| 10 | Monitor cessation and remaining security | Cessation notice and lender reconciliation. |
Sixteen practitioner FAQs
1. Is CHG-6 for any manager of a company?
No. Section 84 concerns a receiver or person managing company property subject to a charge.
2. Who gives the appointment notice after a court order?
The person who obtains the order has the statutory duty.
3. What starts the clock for a court appointment?
The date of passing of the order.
4. What starts the clock for appointment under a deed?
The making of the appointment under the instrument.
5. Does later receipt automatically extend the period?
Do not substitute receipt for the stated statutory event.
6. Are both the company and Registrar notified?
Yes. Keep evidence for each recipient.
7. Is the underlying order or instrument required?
Section 84(1) requires a copy with the notice.
8. Can the appointment cover only specified property?
Yes. Follow the actual scope of the appointment.
9. Can it cover income alone?
Yes. Match the form to the precise income scope in the order or instrument.
10. Does a single receiver imply one common deadline?
No. Track each event and governing date.
11. Who gives a cessation notice?
The appointed person on ceasing to hold the appointment.
12. Does section 84(2) state the same 30-day period?
It does not state the express appointment period. Record and act on cessation.
13. Does CHG-6 satisfy a charge?
No. It records the appointment or cessation.
14. Does payment of fees prove registration?
Verify the Registrar’s resulting record.
15. What if the order and selected charge ID differ?
Reconcile them before filing; do not guess which property is covered.
16. What should finance keep after cessation?
The notice, registration evidence and separate debt and collateral schedules.
Official sources
Companies Act, 2013, sections 84 and 384; Companies (Registration of Charges) Rules, 2014, rule 9; G.S.R. 664(E) of 29 August 2022, substituted Form CHG-6; MCA instruction kit for CHG-6; General Clauses Act, 1897, sections 9 and 10