Which Form Do You Use to Register a Charge for an LLP?
Short answer: there is no separate charge form for an LLP. A company registers a charge on Form CHG‑1 within 30 days. An LLP does not have a CHG‑1 or anything like it — charge creation, modification and satisfaction are disclosed inside Form 8 (the Statement of Account & Solvency), which is filed once a year by 30 October.
The LLP charge regime has grey areas — the charge‑registration sections of the LLP (Amendment) Act, 2021 were never brought into force, so an LLP is still on the older Form 8 route. Treat this as general information and confirm your specific case with a practising company secretary.
Why people expect a “CHG‑1 for LLP”
A company has a whole chapter on charges. When a company borrows money against its assets, it must file Form CHG‑1 with the Registrar within 30 days, pay additional fees if it is late, and apply for condonation of delay if it goes past the outer limit. The Registrar keeps a public register of charges and issues a certificate.
New LLP partners — and lenders used to dealing with companies — assume the same machinery applies to an LLP. It does not.
What actually happens when an LLP creates a charge
When an LLP borrows against its property (a bank loan secured on plant, receivables, a property, and so on), the charge is not filed on its own form. Instead:
- The particulars of the charge — what is charged, who the charge‑holder is, and the amount secured — are reported in Form 8 for the financial year in which the charge was created, modified or satisfied.
- There is no separate register of charges for LLPs at the Registrar, and no certificate of registration of charge.
- There is no 30‑day event‑based filing and no charge‑specific additional fee.
“No separate form” does not mean “no consequence”
Because the disclosure rides inside Form 8, missing it means your Form 8 is late or incomplete:
- If Form 8 itself is filed after 30 October, the normal Form 8 additional (late) fee applies — a multiplier of the standard fee that grows with the delay, and an extra per‑day amount once you are more than a year late. The full table and worked examples are on the LLP Compliance Calendar.
- Form 8 also carries a solvency declaration by the designated partners. Leaving out a real liability makes that statement inaccurate, which is a more serious matter than a late fee.
So the practical position is: there is no penalty for “late charge registration” as such, but there is very much a penalty for a late or wrong Form 8.
LLP vs company — charge registration side by side
| Company | LLP | |
|---|---|---|
| Form used | CHG‑1 (creation / modification); CHG‑4 (satisfaction) | No separate form — reported in Form 8 |
| Filing window | Within 30 days of creating the charge | In the annual Form 8 (due 30 October) |
| Additional fee for delay | Yes — ad valorem additional fees between 30 and 120 days; condonation needed beyond | No charge‑specific fee; only the normal Form 8 late fee if Form 8 is late |
| Register of charges at the Registrar | Yes, and it is public | No separate register |
| Certificate of registration of charge | Yes (CHG‑2) | No |
| Effect of not registering | The charge is void against a liquidator and other creditors | Non‑disclosure makes Form 8 defective; it does not by itself invalidate the charge as between the LLP and the lender |
What lenders usually do instead
Because there is no public LLP charge register to rely on, a lender to an LLP typically protects itself through the loan and security documents themselves — a registered mortgage or hypothecation deed, a partners’ resolution authorising the borrowing, and sometimes a company as co‑borrower or guarantor whose CHG‑1 is filed. If you are the designated partner signing a facility, expect the lender’s security package to carry the weight, not an MCA charge filing.
Frequently asked questions
Is there a CHG‑1 for an LLP?
No. CHG‑1 is a Companies Act form. An LLP has no equivalent.
My LLP just created a charge — do I have to file anything within 30 days?
No. There is no 30‑day event filing for an LLP charge. You report the charge in the next Form 8.
Is there a late fee for filing an LLP charge late?
There is no charge‑specific late fee. But if Form 8 — where the charge is reported — is filed after 30 October, the standard Form 8 additional fee applies. See the LLP Compliance Calendar for the exact figures.
Where in Form 8 is the charge reported?
In the part of Form 8 dealing with charges and contingent liabilities — the particulars of the charge, the charge‑holder and the amount secured. A practising professional filing your Form 8 will complete it.