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Jayanta Bandyopadhyay   21 January 2025

Treds platform and chg1 on mca portal

Discounting of purchase & sales Invoices on this platform is an off balance sheet item. Do we require to notify lenders, who have first ranking and Pari passu charges on our Assets and CHG1 is filed with MCA & Deed of Charges is executed with Bank Trusteeship.

Please guide 

 



 4 Replies

T. Kalaiselvan, Advocate (Advocate)     21 January 2025

What is that you are trying to say by this post here?

Jayanta Bandyopadhyay   22 January 2025

To protect MSME sector,  Govt mandates PSU & Cos having turnover Rs.250 crores. onboarding TReDS platform for discounting Purchase, sales Invoices. Intermrdiaries mention that this being off balance sheet item,  need not report to MCA, Chargeholders[ Lending banks].

My query is that whether we need to take charge holders into confidence about such onboarding. 

Dr. J C Vashista (Advocate )     23 January 2025

What are facts vis-a-vis query and your locus standi ?

Similar hypothetical queries have already been found posted by the author, some of them are:

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posted a new topic in forum Applicability of section 21a of icai- council election 

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Read more at: https://www.lawyersclubindia.com/profile.asp?member_id=764619

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     23 January 2025

Discounting of purchase and sales invoices on a platform, being an off-balance sheet item, raises questions about notification requirements to lenders.

Since you have first-ranking and Pari passu charges on your assets, with CHG1 filed with MCA and a Deed of Charges executed with Bank Trusteeship, it's essential to consider the implications.

Notification Requirements Typically, lenders with first-ranking and Pari passu charges require notification of any significant changes to the borrower's financial situation or asset structure.

However, the specific requirements depend on the terms and conditions outlined in the loan agreement and the Deed of Charges.

Off-Balance Sheet Items Off-balance sheet items, like invoice discounting, might not be explicitly mentioned in the loan agreement.

 In this case, it's crucial to review the agreement and consult with your lenders to determine if notification is required.

Recommendations 1. *Review Loan Agreement*: Carefully examine the loan agreement and Deed of Charges to understand the notification requirements.

2. *Consult with Lenders*: Reach out to your lenders to clarify their expectations regarding notification of off-balance sheet items like invoice discounting.

 


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