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ASSIGNMENT

Comparison Between Companies Ordinance 1984


And Corporate Act 2017
Registration Of Mortgages, Charges etc.

SUBMITTED BY
Amna Sarfraz (BAFM-19-04)

Ahsan Ubaidi (BAFM-19-36)

Maham Afzzal (BAFM-19-40)

Hamza Mazari (BAFM-19-41)

Areej Fatima (BAFM-19-68)

BS ACCOUNTING & FINANCE


4th SEMESTER SESSION 2019-2023

COURSE NAME:
Corporate Law

SUBMITTED TO:
Professor AB Khan

BAHAUDDIN ZAKARIYA UNIVERSITY MULTAN


DEPARTMENT OF COMMERCE
S.No. Section Companies Ordinance 1984 Section Company Act 2017
No. No

1. 125 A register kept in pursuance of subsection 102 A register kept in pursuance of this section
(1) shall be open to inspection by any shall be open to inspection by a person
person on payment of the prescribed fee on payment of such fees as may
be prescribed.

2. 121 A mortgage or charge or other interest 100 A mortgage or charge or other interest
based on hire-purchase or leasing based on an agreement for the issue of
agreement for acquisition fixed. any instrument in the nature of
redeemable capital.

3. 129 It shall be the duty of a company to file 105 It shall be the duty of a company to file
with the registrar for registration the with the registrar for registration the
prescribed particulars of every mortgage or specified particulars of every mortgage or
charge created by the company and of the charge created by the company and of the
issue of debentures of a series, requiring issue of debentures of a series, requiring
registration under section 121, but registration under section 100, but
registration of any such mortgage or registration of any such mortgage or
charge may be effected on the application charge may be effected on the application
of any person interested therein. of any person interested therein.

4. The registrar shall if no cause is shown The registrar shall in respect of every
order that memorandum of satisfaction be company keep a register containing
entered in the register and shall if required particular of the charges registered under
furnish the company with a copy this part in such a manner as may be
specified.

5. 136 If any officer of the company knowingly 112 If any officer of the company
and willfully authorises or permits the authorises or permits the omission of any
omission of any entry required to be made entry required to be made in pursuance of
in pursuance of subsection (1), he shall subsection (1), shall be liable to a
be liable to a fine not exceeding two penalty of level 1 on the standard scale.
thousand rupees.

6. The payment or satisfaction of a debt in Any other person on payment of such fee
respect of which a mortgage or charge has as may be fixed by company for each
been registered under section 121 or inspection.
section 122

7. The registrar shall keep a sequential index The registrar shall keep a chronological
of mortgage or charges registered with him index , in the form having such particulars
under the charges

8. The registrar ought to give a certificate A Company shall cause a copy of every
under his hand of the registration, declare certificate of registration which is issued
the amount thereby secured by the Company and payment of which is
affix by the mortgage.

9. If the property is positioned & the levy was Company ought to be given a statement of
created outside the Pakistan, after the 21 the Registrar, in the manner of the
days on which imprint of the apparatus payment within a period of 30 days .
could in due, have been received in
pakistan shall be substituted for 21 days
after the completion of acquisition

10 every mortgage created after the starting A mortgage on any immovable property
point of this ordinance like a floating wherever locate or any interest in that
charge on the undertaking of the company
including stock-in- trade

11 , A mortgage or other interest based on a In case of the Authorization of debenture


mushrika agreement stock is issued in the Divulgence in
conducting of this section shall be made in
manner .

12 The registrar shall give a certificate under A Company that creates a mortgage must
his hand of the Registration of any file the described particular of the
mortgage, commencement the amount mortgage ,with the copy of apparatus ,
thereby secured verified in the specified manner with the
Registrar for Registration with a 30 days
beginning with the day after the date of it’s
creating.

13. A mortgage implicated based on hire- When the commission extends the time for
purchase agreement for acquisition of the Registration of a mortgage the order
fixed asset shall not prejudice any rights acquired in
respect of the property concerned prior to
the time when the mortgage is actually
registered

14. 137 If any person obtains an order for the 115 If a person obtains an order for the
appointment of a receiver of, or a person appointment of a receiver or manager, or
to manage, the property of a company,or appoints such a receiver or manager
appoints such a receiver or person under under any powers contained in any
any powers contained in any instrument, he shall within seven days of
instrument,he shall, within fifteen the order or of the appointment under the
days from the date of the order or of the powers contained in the instrument
appointment under the powers
contained in the instrument

15. 138 The provisions of subsections (1), (2) and 114 The provisions of subsections (1) and (2)
(3) shall apply to any person appointed to shall apply to any person appointed to
manage the property of a company under manage the property of a company under
any powers contained in an instrument in any powers contained in an instrument in
the same manner as they apply to a the same manner as they apply to a
receiver so appointed. receiver so appointed.

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