Clarification on E-Forms Relaxed From Additional Fees By MCA
Based on the request of the various stakeholders and professionals received by the MCA and in view of the COVID -19 pandemic MCA has issued two circulars dated on 03.05.2021 relating to the relaxation on levy of additional fees in the filing of certain forms under the Companies Act, 2013 and LLP Act, 2008 vide General circular no. 06/2021 and 07/2021.
These Circulars have been issued in two parts
Circular – 06/2021 Relaxation on levy of additional fees in the filing of certain forms other than Charge Forms.
Forms which are due for filing during the period 1st April 2021 to 31st May 2021, it has been decided by the MCA to grant the additional time up to 31st July 2021 for Companies and/or LLP to file such forms other than Charge Forms without any additional fees.
So the Forms which are required to be filed by the Companies and LLP under Companies Act, 2013 and LLP Act, 2008 during the period from 01st April 2021 to 31st May 2021 no additional fees shall be levied, only normal fees shall be payable.
The forms which can be filed without any additional fees till 31st July 2021 is tabulated below:
S.NO. | FORMS | PURPOSE OF FORM |
1. | ADT -1 | Information to the Registrar by the company for appointment of auditor |
2. | INC-22 | Notice of Situation or Change of situation of Registered Office of the Company |
3. | NDH-3 | Return of Nidhi Company for the half-year ended |
4. | FC-4 | Annual Return of a Foreign Company |
5. | MSC-3 | Return of dormant companies |
6. | INC-27 | Conversion of public company into a private company or private company into a public company |
7. | NDH-2 | Application for extension of time |
8. | IEPF-3 | Statement of shares and unclaimed or unpaid dividend not transferred to the Investor Education and Protection Fund |
9. | FORM-11 | Annual Return of Limited Liability Partnership (LLP) |
Circular –07/2021 : Relaxation of time for filing forms related to creation or modification of Charges under the Companies Act,2013
On examination of the various representation received by the MCA from the stakeholders relating to relaxation of filing of certain charge-related forms, the MCA has decided to allow relaxation of time and condone the delay in filing forms related to creation/modification of charge.
The relaxation is provided subject to certain conditions which are mentioned here as follow:
So this relaxation for filing Form CHG-1 and CHG-9 will be applicable only in two conditions:
- Where the date of creation or modification of charge is before 01.04.2021 but the timeline for filing such form had not expired under section 77 of the Companies Act, 2013(i.e. 120 days) or
- Where the date of creation or modification of charge falls on any date between 01.04.2021 to 31.05.2021.
Now let’s discuss about the relaxation of time/fees in the above cases:
Relaxation in the first case
- In case the form is filed as per situation (a) the period beginning from 01.04.2021 and ending on 31.05.2021 shall not be reckoned for filing form u/s 77 and 78 of the Companies Act, 2013.
- In case the form is not filed within the above specified period then the first day after 31.03.2021 shall be reckoned as 01.06.2021 for the purpose of counting of the number of days.
Fees
- If the form is filed before 31.05.2021, then the normal fees which shall be charged as of 31.03.2021 under the Fees rule shall be charged.
- If the form is filed thereafter, then the fees shall be charged by adding the number of days beginning from 01.06.2021 as explained in the above case and end on the date of filing
Relaxation in the Second Case
- In case the form is filed as per situation (b) the period beginning from the date of creation/modification of charge to 31.05.2021 shall not be reckoned for counting of days to file Form under Section 77 and Section 78 of the Companies Act, 2013.
- In case the form is not filed within the above specified period then the first day after creation/modification of charge shall be reckoned as 01.06.2021 for the purpose of counting the number of days.
Fees
- If the form is filed before 31.05.2021, then the normal fees which shall be charged as of 31.03.2021 under the Fees rule shall be charged.
- If the form is filed thereafter, then fees shall be charged by adding the number of days beginning from 01.06.2021 as explained in the above case and end on the date of filing
The forms which can be filed without any additional fees till 31st July 2021 is tabulated below:
S.NO. | FORMS | PURPOSE OF FORM |
1. | CHG-1 | Application for registration of creation, modification of charge (other than those related to debentures) |
2. | CHG-9 | Application for registration of creation or modification of charge for debentures or rectification of particulars filed in respect of creation or modification of charge for debentures |
SPECIAL POINTS TO KEEP IN MIND FOR THE APPLICABILITY OF THIS SCHEME:
- The Circular shall not apply if CHG-1 and CHG-9 had already been filed before the date of this circular.
- The Circular shall not apply if the timeline for filing the form has already expired or expires at a future date
- This circular is not applicable to Form CHG-4.
