About the Companies Fresh Start Scheme, 2020:
In order to facilitate the Companies registered in India to make a fresh start on a clean slate and to give such an opportunity to defaulting Companies by enabling them to file the belated documents in MCA-21 registry, the Central Government has introduced a scheme namely “Companies Fresh Start Scheme, 2020 (CFSS – 2020)” condoning the delay in filing the forms.
It is a Scheme condoning the delay in filing the documents with Registrar (ROC), in so far it relates to:
Only normal fees will be payable in such cases during the currency of CFSS-2020
The immunity under this scheme shall only be availed in respect of the proceedings for imposing the penalty on account of delay in filing the form but not on account of any other default.
The Scheme shall come into force on the 01.04.2020 and shall remain in force till 30.09.2020.
– The Scheme is applicable to all the Companies which are defaulted in filing any forms within the due date.
– The Companies revived by Order of NCLT and the status of which has become “Active” before 30.09.2020 can avail the benefits under this scheme.
– The Scheme is applicable to the forms like
Except the following:
The Scheme shall not apply to:
– To Companies against which action for final notice for striking off the name under Section 248 of the Companies Act, 2013 has already been initiated by the Designated Authority
– Where Company has already filed application for strike off with ROC in form STK-2
– Companies which have amalgamated under a scheme of arrangement or compromise
– Where Company has already filed application to obtain the Status of Dormant Company
– To Vanishing Companies
In all the cases where due to delay associated in filing of any documents, penalties were imposed by adjudicating officer under the Act, and no appeal has been preferred before the Regional Director as on the date of commencement of the scheme, the following would apply:
The Application for seeking immunity in respect of the belated documents filed under the Scheme shall be made electronically in Form CFSS-2020
There shall not be any fees payable on the above Form.
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
The Notification in this regard is available on the following link:
(Author can be reached at [email protected]edassociates.com)