Highlights of Amendments / Changes with reference to additional Fees pursuant to Section 403 vide The Companies (Amendment) Act 2017 and Rule 12 of the Companies (Registration of Offices and Fees) Rules, 2014
Article on the Highlights of Changes in Section 403 of Companies Act, 2013 related to Fee for filing, etc vide Companies (Amendment) Act 2017 by M N Khandelwal & Co. Chartered Accountants, Kolkata.
- The First Proviso of Sec. 403 of the companies act 2013 which deals with additional fees has been substituted with the new proviso.
- The new proviso exclusively says that Forms u/s 92 or 137 of the Companies Act 2013 i.e., Form MGT-7, AOC-4, AOC-4 XBRL and AOC-4 CFS, filed after the due date mentioned in the relevant section will attract additional fees of Rs. 100/- per day of delay.
- The second proviso as per Companies Amendment Act 2017 says that other Forms (All Forms Except Form MGT-7, AOC-4, AOC-4 XBRL and AOC-4 CFS) may be filed after expiry of time limit mentioned in the section by paying additional fees as per Rule 12 of the Companies (Registration of Offices and Fees) Rules, 2014.
- The third proviso says about higher additional fees which may be levied in defaults on 2 or more occasions.
- The time limit of 270 days has been removed from the section as mentioned earlier.
- The New Additional Fees Table will be applicable w.e.f. 01.07.2018.
The new table of additional fees is summarized as below:
A. Additional Fees for All Forms except Form MGT-7, AOC-4, AOC-4 XBRL and AOC-4 CFS for Companies Other than OPC and Small Company:
| Sl. No. | Period of delay | Additional Fees |
| 01 | upto 15 days (Section 139 and 157) | One time |
| 02 | More than 15 days and upto 30 days (Section 139 and 157) and upto 30 days in remaining forms. | 2 times of normal filing fees |
| 03 | More than 30 days and upto 60 days | 4 times of normal filing fees |
| 04 | More than 60 days and upto 90 days | 6 times of normal filing fees |
| 05 | More than 90 days and upto 180 days | 10 times of normal filing fees |
| 06 | Beyond 180 days | 12 times of normal filing fees |
Note:
(1) The belated filing of documents/forms (including increasing in nominal capital and delay caused thereon) which were due to be filed whether in Companies Act, 1956 Act or the Companies Act, 2013 Act i.e due for filing prior to notification of these fee rules , the fee applicable at the time of actual filing shall be applicable.]
| B. For increase in authorised capital, the additional fees shall be applicable at the following rates:- | |||||||||||||||||||||
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| (1) The above fee table shall also be applicable for delay in filing application with Registrar under sub-section (11) of Section 233 of the Act | |||||||||||||||||||||
| C. “For Forms under section 92 or 137 i.e., Form MGT-7, AOC-4, AOC-4 XBRL and AOC-4 CFS:-
(i) In case the period within which a document required to be submitted under section 92 or 137 of the Act expires after 3o/o6/2018, the additional fee mentioned in Table shall be payable –
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[ii) In all other cases where the belated annual returns or balance sheet/financial statement which were due to be filed whether in the companies Act, 1956 or the companies Act, 2013 the following additional fee mentioned in Table shall be payable:-
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Note:
(1)The additional fee shall also be applicable to revised financial statement or board’s report under section 130 and 131 of the Act and secretarial audit report filed by the company secretary in practice under section 204 of the Act.
(2) The belated filing of documents/forms (including increasing in nominal capital and delay caused thereon which were due to be filed whether in companies Act, 1956 Act or the companies Act,2013 Act i.e due for filing prior to notification of these fee rules, the fee payable at the time of actual filing shall be applicable”.
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