No additional fees upto 31st July, 2021 on forms under Companies /LLP Act due for filing during 1st April, 2021 to 31st May, 2021

The Ministry of Corporate Affairs (‘MCA’) has received request from stakeholders for relaxation on levy of additional fees for filing of various forms under the Companies Act, 2013 /LLP Act, 2008/ Rules made thereunder due for filing during 1st April, 2021 to 31st May, 2021 in view of Covid-19 related restriction and disruption.

MCA has examined the said request and taking into account the difficulties which have arisen due to resurgence of Covid-19 pandemic, MCA decided to grant additional time upto 31st July, 2021 for companies/LLPs to file such forms (other than CHG-1 Form, CHG-4 Form and CHG-9 Form) without any additional fees. Therefore, MCA has issued General Circular No. 6/2021 dated 3rd May, 2021 to provide relaxations on levy of additional fees in filling of certain forms under the Companies Act, 2013 (‘the Act’) and LLP Act, which were/would be due for filing during 1st April, 2021 to 31st May, 2021.

Accordingly, no additional fees shall be levied upto 31st July, 2021 for the delayed filing of forms (other than charge related forms referred above) which were/would be due for filing during 1st April, 2021 to 31st May, 2021. For such delayed filing upto 31st July, 2021 only normal fees shall be payable.

It is to be noted that the benefit under the above circular extends to both Companies and LLP and only forms which were/would be due for filing during 1st April, 2021 to 31st May, 2021 can be filed after their due date without any additional fees upto 31 July, 2021. The said relaxation is not granted to charge related forms.

Relaxation by MCA in Financial Year 2020-21.

MCA had, in the Circular No. 11/2020, dated 24th March, 2020, inter alia other relaxations / special measures provided in view of the Covid-19 pandemic, indicated regarding providing immunity to the Companies and LLPs with respect to delayed filing of forms.

MCA has received representations from various stakeholders requesting for grant of one-time opportunity, so as to enable them to complete their pending compliances by filing necessary documents in the MCA-21 registry including filings without being subject to a higher additional fee on account of any delay.

The Companies Act, 2013 requires all companies to make annual statutory compliance by filing the Annual Return and Financial Statements. Apart from this, various others statements, documents, returns, etc. are required to be filed on the MCA-21 electronic registry within prescribed time limits, filing fees for filing such statements, documents, returns, etc is governed by section 403 of the Companies Act, 2013 read with Companies (Registration offices and Fees) Rules 2014.

In furtherance of the Ministry’s Circular No. 11/2020, dated 24th March, 2020 and in order to facilitate the companies registered in India to make a fresh start on a clean slate, MCA has decided to take certain alternatives measures for the benefits of all companies.

In order to give such an opportunity to the defaulting companies and to enable them to file the belated documents in the MCA-21 registry, the Central Government in exercise of powers conferred under section 460 read with section 403 of the Companies Act, 2013 has decided to introduce a Scheme namely, Companies Fresh Start Scheme, 2020 (CFSS-2020) condoning the delay  in filing the above mentioned documents with the Registrar, in so far as it relates to charging of additional fees, and granting of immunity from launching of prosecution or proceedings for imposing penalty on account of delay associated with certain filings. Only normal fees for filing of documents in the MCA-21 registry will be payable in such case during the currency of CFSS-2020 as per the provisions of section 403 read with Companies (Registration offices and Fees) Rules 2014 and section 460 of the Act.

Later on, due to the vast disruption caused by the pandemic, it was extended by the MCA till 31.12.2020.

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Disclaimer: Nothing contained in this document is to be construed as a legal opinion or view of either of the authors whatsoever and the content is to be used strictly for educative purposes only.

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