Chapter VI - Registration of Charges
Section 79
Section 79: when section 77 applies to acquisitions and modifications
Section 79 extends section 77’s registration requirements to property a company acquires subject to an existing charge and to any modification of a registered charge.
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Need advice on Section 79?
This article is for general information. Refer to the Companies Act, 2013 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
The provisions of section 77 relating to registration of charges shall, so far as may be, apply to— (a) a company acquiring any property subject to a charge within the meaning of that section; or (b) any modification in the terms or conditions or the extent or operation of any charge registered under that section.
Introduction
Registration duties do not end with charges the company creates. When a company acquires property already subject to a charge, or when the terms, conditions, extent or operation of a registered charge change, section 77 applies so far as may be.
Key takeaways
Acquired property
Property acquired subject to a charge within the meaning of section 77 must be dealt with as section 77 requires.
Modifications
Changes to the terms, conditions, extent or operation of a registered charge are registrable.
“So far as may be”
Section 77 applies with the adaptations the situation requires.
Acquisitions of charged property
On acquiring property subject to a charge, record the charge particulars and file them with the Registrar within the section 77 time limits, applying the Companies (Registration of Charges) Rules, 2014.
Modifications of a registered charge
A change in the amount secured, the property covered, the terms or conditions, or the operation of a registered charge is a modification to which section 77 applies. Track enhancement letters, supplementary deeds and release of part security.
Practical preparation
Review acquisition documents for existing encumbrances; list every amendment to a registered charge; file within the section 77 periods; keep certificates issued by the Registrar.
Practical checklist
Do
- Treat sanction-limit enhancements as possible charge modifications.
- Check the charge register during asset acquisitions.
Avoid
- Do not file only at original creation and ignore later amendments.
Illustrative example
Hypothetical: enhanced working-capital limit
A bank increases a company’s secured limit under a supplementary deed.
Identify
Treat the increase as a modification of the registered charge.
File
Register the modification within the section 77 timeline.
Record
Update the company’s own register of charges under section 85.
Outcome
- The modification is on the public record, preserving its effect against the liquidator and other creditors.
Glossary
- Modification
- A change in the terms, conditions, extent or operation of a registered charge.
Frequently asked questions
Does a loan enhancement need a fresh filing?
If it changes the terms, conditions, extent or operation of a registered charge, section 79 applies section 77 to that modification.
What if property comes with an existing mortgage?
Section 77 applies, so far as may be, to a company acquiring property subject to a charge.
Need help applying this provision to your situation?
Contact BizeneedLast updated 11 October 2026