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Who has the duty to register a charge created by the company on its assets?
AThe chargee (creditor) alone
BThe company alone
CThe ROC suo motu
DEither the company OR the chargee can register
Answer & Solution
Correct answer: D. Either the company OR the chargee can register
1. Section 78 — if the company fails, the person in whose favour the charge is created (the chargee) may apply to the ROC.
2. Either party can register; the company has the primary duty.
3. Hence (D).
_Source: ICAI BoS CA Inter Paper 2 — Registration of Charges_