Really happy to see posts like this. Would love legally india to become a site where lawyers and especially beginners can clear their basic legal doubts (instead of the useless gossiping and trolling.)
Broad observations are set out below: 1. Registration of corporate guarantee as charge with the ROC is a grey area 2. In practice, it is not registered as charge with ROC 3. It has been observed in few cases that the SL/TS has provided for filing of corporate guarantee as charge with ROC as a CP/CS 4. Vis-a-vis public at large and prospective lenders/investors, corporate guarantee issued is a contingent liability 5. It will be useful to also read the Supreme Court judgement in IDBI Trusteeship Services Vs. Hubtown case
1. Registration of corporate guarantee as charge with the ROC is a grey area
2. In practice, it is not registered as charge with ROC
3. It has been observed in few cases that the SL/TS has provided for filing of corporate guarantee as charge with ROC as a CP/CS
4. Vis-a-vis public at large and prospective lenders/investors, corporate guarantee issued is a contingent liability
5. It will be useful to also read the Supreme Court judgement in IDBI Trusteeship Services Vs. Hubtown case
Hope the above will be of help.