Charges Agreement Template Free Download India PDF/Word

About this agreement

Title: Charges Format

Are you looking for a professional Charges Format to secure your financial interests in India? Our ready-to-use Charges Format in PDF or Word is customizable and compliant with Indian legal standards, perfect for businesses and lenders.

What is a Charges Format and Why Do You Need It?

A Charges Format is a crucial legal document that outlines the terms under which a charge is created on movable or immovable property to secure a debt or obligation. Under the Companies Act, 2013 (Sections 77-87) and the Transfer of Property Act, 1882, registering a charge is mandatory for companies and individuals to protect lenders' rights against asset disposal. This Charges Format serves as a template for drafting deeds of charge, equitable mortgages, or hypothecation agreements.

Whether you're a bank extending loans, a company pledging assets, or an individual creating security for borrowings, this format ensures enforceability in courts. It's especially vital in commercial transactions to prevent disputes and safeguard investments.

Why is a Charges Format Important?

Legal Compliance: Ensures proper creation and registration of charges with ROC (Registrar of Companies) using Form CHG-1 or CHG-9, avoiding penalties up to INR 5 lakhs.
Asset Protection: Secures creditor rights, allowing enforcement via sale of charged assets if default occurs.
Clarity in Transactions: Defines interest rates, repayment schedules, events of default, and covenants, reducing litigation risks.
Boosts Creditworthiness: Registered charges demonstrate transparency, aiding future financing.

In India's dynamic business environment, overlooking charge documentation can lead to unsecured debts and financial losses. Our Charges Format simplifies compliance, saving time and legal fees.

Key Elements of a Charges Format

A comprehensive Charges Format should include:

Parties Involved: Details of chargor (owner) and chargee (lender).
Description of Charged Assets: Precise identification of movable/immovable property, inventory, or receivables.
Principal Amount and Interest: Loan sum, rate, and computation method.
Term and Repayment: Duration, installments, and prepayment options.
Covenants and Restrictions: Prohibitions on asset sale, insurance requirements.
Events of Default: Triggers for enforcement, like non-payment.
Governing Law and Jurisdiction: Indian laws, dispute resolution.
Execution Clause: Signatures, witnesses, and stamp duty provisions.
Schedule of Assets: Annexure with detailed lists.

This structure aligns with RBI guidelines for NBFCs and bank lending practices.

Who Should Use This Charges Format?

Companies and MSMEs: For working capital loans or term loans secured by fixed assets.
Banks and Financial Institutions: Standardizing loan agreements.
Individuals: Creating charges on property for personal loans.
Lawyers and Consultants: Quick drafting for clients in civil or commercial matters.

Common use cases include machinery hypothecation, stock pledges, and real estate mortgages in sectors like manufacturing, realty, and trade.

Download Your Customizable Charges Format Now!

Get instant access to our premium Charges Format – available in editable Word or PDF for free download preview, with paid options for full customization using AI tools or legal expert review. Tailor it to your needs and register seamlessly.

Important Note: While this Charges Format is designed for convenience and based on standard legal templates in India, it's recommended to consult a qualified lawyer for specific advice. Customize as per your transaction details. Explore related documents like Loan Agreement Format, Mortgage Deed Sample, or Hypothecation Agreement for complete solutions.

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CHARGES

FORM NO. 32

CHARGES

(See Sections 211, 212 and 213)

I. Charges with one head

(1)(a) I, (name and office of Magistrate, etc.), hereby charge you (name of accused person) as follows :

(b) On Section 121.-That you, on or about the????..day of????.at???.., waged war against the Government of India and thereby committed an offence punishable under Section 121 of the Indian Penal Code, and within the cognizance of this Court.

(c) And I hereby direct that you be tried by this Court on the said charge.

(Signature and Seal of the Magistrate)

[To be substituted for (b)] :

(2) On Section 124.-That you, on or about the????..day of ????. at ????.with the intention of inducing the President of India [or, as the case may be, the Governor of (name of State)] to refrain from exercising a lawful power as such President (or as the case may be, the Governor), assaulted President (or as the case may be the Governor), and thereby committed an offence punishable under Section 124 of the Indian Penal Code, and within the cognizance of this Court.

(3) On Section 161.-That you, being a public servant in the???. Department directly accepted from (state the name) for another party (state the name) gratification other than legal remuneration, as a motive for forbearing to do an official act, and thereby committed an offence punishable under Section 161 of the Indian Penal Code, and within the cognizance of this Court.

(4) On Section 166.-That you, on or about the ??? day of???..at????., did (or omitted to do, as the case may be)????.such conduct being contrary to the provisions of Act ????..section ???.and known by you to be prejudicial to ???..and thereby committed an offence punishable under Section 166 of the Indian Penal Code, and within the cognizance of this Court.

(5) On Section 193.-That you, on or about the??? day of???.., at????. in the course of the trial of?????. Before???? stated in evidence that ? ? which statement you either knew or believed to be false, or did not believe to be true, and thereby committed an offence punishable under Section 193 of the Indian Penal Code, and within the cognizance of this Court.

(6) On Section 304.-That you, on or about the.........day of.............. , at .................., committed culpable homicide not amounting to murder, causing the death of ............................ and thereby committed an offence punishable under Section 304 of the Indian Penal Code, and within the cognizance of this Court.

(7) On Section 306.-That you, on or about the ................. day of.................. at................. abetted the commission of suicide by A.B., a person in a state of intoxication, and thereby committed an offence punishable under Section 306 of the Indian Penal Code, and within the cognizance of this Court.

(8) On Section 325.-That you, on or about the....................... day of.....................at....................... voluntarily caused grievous hurt to........................... and thereby committed an offence punishable under Section 325 of the Indian Penal Code, and within the cognizance of this Court.

(9) On Section 392.-That you, on or about the day of ..................... at.................. robbed (state the name), and thereby committed an offence punishable under Section 392 of the Indian Penal Code, and within the cognizance of this Court.

(10) On Section 395.-That you, on or about the day of....................... at................committed dacoity, an offence punishable under Section 395 of the Indian Penal Code, and within the cognizance of this Court.

II. Charges with two or more heads

(1)(a) I, (Name and Office of Magistrate, etc.), hereby charge you (name of accused person) as follows :-

(b) First-On Section 241.-That you, on or about the....................... day of............................ at...................... knowing a coin to be counterfeit, delivered the same to another person by name, A.B., as genuine, and thereby committed an offence punishable under Section 241 of the Indian Penal Code, and within the cognizance of the Court of Session.

Secondly-That you, on or about the .............................. day of........................... at..................... knowing a coin to be counterfeit attempted to induce another person, by name A.B., to receive it as genuine, and thereby committed an offence punishable under Section 241 of the Indian Penal Code, and within the cognizance of the Court of Session.

(c) And I hereby direct that you be tried by the said Court on the said charge.

(Signature and seal of the Magistrate)

[To be substituted for (b)] :

(2) First-On Sections 302 and 304.-That you, on or about the.......................... day of..................... at..................... committed murder by causing the death of , and thereby committed an offence punishable under Section 302 of the Indian Penal Code, and within the cognizance of the Court of Session.

Secondly-That you, on or about the.............................. day of...................... at................ by causing the death of , committed culpable homicide not amounting to murder, and thereby committed an offence punishable under Section 304 of the Indian Penal Code, and within the cognizance of the Court of Session.

(3) First-On Sections 379 and 382.-That you, on or about the..................... day of........................ at................... committed theft, and thereby committed an offence punishable under Section 379 of the Indian Penal Code, and within the cognizance of the Court of Session.

Secondly-That you, on or about the........................ day of .................... at................... committed theft, having made preparation for causing death to a person in order to the committing of such theft, and thereby committed an offence punishable under Section 382 of the Indian Penal Code, and within the cognizance of the Court of Session.

Thirdly-That you, on or about the ......................... day of.................... at........................ committed theft, having made preparation for causing restraint, to a person in? order to the effecting of your escape after the committing of such theft, and thereby committed an offence punishable under Section 382 of the Indian Penal Code, and within the cognizance of the Court of Session.

Fourthly-That you, on or about the........................ day of................... at.........................., committed theft, having made preparation for causing fear of hurt to a person in order to the retaining of property taken by such theft and thereby committed an offence punishable under Section 382 of the Indian Penal Code, and within the cognizance of the Court of Session.

(4) Alternative charge on Section 193.-That you, on or about the day of , at , in the course of the inquiry into , before , stated in evidence that ?..............?, and that you, on or about the...................... day of.......................at....................... in the course of the trial of...................... before.....................stated in the evidence that ?.........................?, one of which statements you either knew or believed to be false, or did not believe to be true, and thereby committed an offence punishable under Section 193 of the Indian Penal Code, and within the cognizance of the Court of Session.

(In cases tried by Magistrate substitute ?within my cognizance? for ?within the cognizance of the Court of Session?.)

III. Charges for theft after previous conviction

I, (name and office of Magistrate, etc.) hereby charge you (name of accused person) as follows :-

That you, on or about the.................... day of.................... at......................... committed theft, and thereby committed an offence punishable under Section 379 of the Indian Penal Code, and within the cognizance of the Court of Session (or Magistrate, as the case may be).

And you, the said (name of accused), stand further charged that you, before the committing of the said offence, that is to say, on the........... day of.......................... had been convicted by the (State Court by which conviction was had) at...................... of an offence punishable under Chapter XVII of the Indian Penal Code with imprisonment for a term of three years, that is to say, the offence of house-breaking by night (describe the offence in the words used in the section under which the accused was convicted) which conviction is still in full force and effect, and that you are thereby liable to enhanced punishment under Section 75 of the Indian Penal Code.

And I hereby direct that you be tried, etc.

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Important Guidelines

A "Charge" is a formal document used in criminal cases to specify the allegations against an accused person, detailing the offense they are charged with. It's a pivotal element of criminal proceedings, serving as the basis for the trial. Here's a brief guideline for drafting charges and

Common Mistakes to Avoid:

Heading: Start with the court's name, case number, and parties' names.

Introduction: Clearly state the offense the accused is charged with and reference the relevant legal provisions.

Statement of Facts: Provide a concise and clear description of the incident or act that constitutes the offense.

Particulars: Include specifics like the time, date, and location of the alleged offense, and any involved individuals or properties.

Legal Elements: Ensure that the charge accurately covers all the legal elements of the offense.

Common Mistakes to Avoid:

Ambiguity: Use clear, unambiguous language to prevent misinterpretation.

Incorrect Legal Provisions: Verify that the charges align with the correct legal provisions and relevant laws.

Lack of Specifics: Provide precise details about the alleged offense to support the case.

Failure to Follow Court Rules: Adhere to the specific rules and procedures of the court where the charges are being filed.

Overcharging or Undercharging: Charges should reflect the actual offense, not be exaggerated or understated.

Well-drafted charges are essential for a fair and just criminal trial. Avoiding common mistakes ensures the charges' legal validity and helps in the effective presentation of the case in court.

Frequently asked questions

What is a Charges agreement?→

A Charges agreement is a legal document used in India to create a security interest (charge) over assets like property or movable goods to secure a loan or debt, governed by the Transfer of Property Act, 1882, and Companies Act, 2013.

Is this Charges agreement legally valid in India?→

Yes, it is legally valid across India when drafted correctly, executed on stamp paper, and registered as required (e.g., with ROC for companies or Sub-Registrar for immovable property).

Do I need to pay stamp duty on the Charges agreement?→

Yes, stamp duty is applicable and varies by state (typically 0.1%-1% of the secured amount). Affix appropriate stamp paper as per the Indian Stamp Act before execution.

In what format can I download the Charges agreement?→

Download the Charges agreement in editable Microsoft Word (.docx) or non-editable PDF format for convenience and legal use.

Can I customize or edit the Charges agreement template?→

Yes, the Word version is fully customizable. Modify clauses for parties, charge details, and terms while ensuring compliance with Indian laws.

Who should use this Charges agreement?→

Creditors, banks, or lenders in India should use it to secure loans against assets. Suitable for mortgages, hypothecation, or company charges.

CHARGES

FORM NO. 32

CHARGES

(See Sections 211, 212 and 213)

I. Charges with one head

(1)(a) I, (name and office of Magistrate, etc.), hereby charge you (name of accused person) as follows :

(c) And I hereby direct that you be tried by this Court on the said charge.

(Signature and Seal of the Magistrate)

[To be substituted for (b)] :

II. Charges with two or more heads

(1)(a) I, (Name and Office of Magistrate, etc.), hereby charge you (name of accused person) as follows :-

(c) And I hereby direct that you be tried by the said Court on the said charge.

(Signature and seal of the Magistrate)

[To be substituted for (b)] :

(In cases tried by Magistrate substitute ?within my cognizance? for ?within the cognizance of the Court of Session?.)

III. Charges for theft after previous conviction

I, (name and office of Magistrate, etc.) hereby charge you (name of accused person) as follows :-

And I hereby direct that you be tried, etc.

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