Companies Fresh Start Scheme, 2020- 8 Things You must know

Chhota CFO 02 Apr 2020 1,500 Views 0 comment Print Company Law | Articles

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In order to facilitate the companies registered in India to make a fresh start, a one-time opportunity is given to all defaulting companies and to enable them to file belated returns, the Ministry of Corporate Affairs has introduced the Companies Fresh Start Scheme, 2020 vide General Circular No. 12/2020 dated March 30, 2020.

Sl. No.	Particulars	Remarks
1.	What is the Companies Fresh Start Scheme, 2020?	To facilitate the companies registered in India to make a fresh start, a one-time opportunity is given to all defaulting companies and to enable them to file belated returns, the Ministry of Corporate Affairs has introduced the Companies Fresh Start Scheme, 2020.
2.	Duration of the Scheme	1^st April 2020 to 30^th September 2020
3.	ROC fees	Normal filing fees applicable
4.	Scheme applicable to	All Companies, for the following forms: Form AOC 4 – Filing of Financial Statements Form MGT 7 – Filing of Annual Return Form ADT 1 – Filing of Appointment of Auditor Form ADT 3 – Resignation of Auditor Form INC 22 – Shifting of Registered Office Form MGT 14 – Filing of resolutions Form PAS 3 – Filing of return of Allotment Form DIR 3 KYC – Filing of KYC of Directors (Rs. 5000/- fee waived off) Form INC 22A – Filing of Active Compliance (Rs. 10,000/- fee waived off) Any other forms EXCEPT Form SH 7 – Increase in Authorised Capital Form CHG 1, CHG 4, CHG 8, CHG 9 – Creation/ Modification/Satisfaction of Charge (All charge related forms)
5.	Scheme NOT APPLICABLE to	The scheme is not applicable to Companies: received a final notice from Ministry for Striking off the name u/s 248 of the Companies Act, 2013 filed STK 2 for strike off by Company filed for obtaining Status as Dormant u/s 455 of the Companies Act, 2013 under the process of amalgamation Vanishing Companies
6.	Application for seeking Immunity Certificate	The Application for seeking immunity in respect of the belated documents filed under the Scheme shall be made electronically in Form CFSS-2020 (No fees payable on form CFSS) after the closure of the scheme; or documents taken on record/approved by the Designated Authority; before the expiry of six months from the date of closure of the Scheme
7.	Advantages	Monetary benefits – No additional fees for filing the belated forms irrespective of their due dates Company shall apply and get the Immunity Certificate. (Form CFSS 2020 to be filed after the filing of all belated returns) Prosecutions pending regarding such forms shall be withdrawn The Designated Authority shall withdraw the adjudication of penalties.
8.	Special measures for cases where the order of the adjudicating authority was passed but the appeal could not be filed	Where the last date for appeal under Section 454(6) against such order falls between 1^st March 2020 to 31^st May 2020, an additional period of 120 days shall be allowed from the last date for filing the Appeal During such an additional period, prosecution under section 454(8) for non-compliance shall not be initiated against such Companies and its officers.
9.	Consequences, if defaulting does not take benefit of the Companies Fresh Start Scheme	At the conclusion of the scheme, the designated authority shall take necessary action under the act against the companies who have not availed this scheme and are defaulted in filing the documents