List of Forms Eligible for Additional Fee Waiver Under Company Fresh Start Scheme, 2020 and LLP Settlement Scheme, 2020
The MCA vide its circular dated 30th March 2020 has issued Companies Fresh Start Scheme, 2020 to promote defaulting companies to make a fresh start on a clean slate and waive the additional fee as charged under section 403 of Companies Act, 2013 which is applicable on certain forms to be filed with MCA.
- This Scheme will comes into operation from 01st April, 2020 and will end on 30th September, 2020.
- Company Law Fresh Start Scheme, 2020 is a Scheme condoning the delay in filing the form mentioned below with the Registrar, in so far it is relate to
a) charging of Additional Fees and
b) granting of immunity from launching of Prosecution or
c) proceedings for imposing Penalty on account of delay associated with filings.
In addition, the scheme gives an opportunity to inactive companies to get their companies declared “Dormant Company” under section 455 of the act by filing a simple application at Normal Fees.
As per Company Law Fresh Start Scheme, 2020 (CFSS, 2020) Companies have to pay ONLY NORMAL FEES of the forms WITHOUT ANY ADDITIONAL FEES.
This CFSS, 2020 Scheme shall apply on following forms:
| S No. | Form No. | Description |
| 1 | 23C | Appointment of Cost Auditors |
| 2 | MR-2 | Form of Application to the Central Government for approval of appointment or reappointment and remuneration or increase in remuneration or waiver for excess or over payment to managing director or whole time director or manager and commission or remuneration to directors |
| 3 | ADT-2 | Application for removal of auditor(s) from his/their office before expiry of term |
| 4 | NDH-2 | Application for extension of time |
| 5 | DIR-3C | Intimation of Director Identification Number by the company to the registrar |
| 6 | INC-12 | Application for grant of License under section 8 |
| 7 | MSC-1 | Application to ROC for obtaining the status of dormant company |
| 8 | DIR-12 | Particulars of appointment of directors and the key managerial personnel and the changes among them |
| 9 | INC-4 | Intimation for Change in Member/Nominee |
| 10 | INC-6 | One Person Company – Application for Conversion |
| 11 | INC-22 | Notice of Situation or Change of situation of Registered Office of the Company |
| 12 | INC-27 | Conversion of public company into private company or private company into public company |
| 13 | 20B | Annual Return |
| 14 | 21A | Annual Return for company having no share capital |
| 15 | 23B | Notice by Auditor |
| 16 | 23D | Information by cost auditor to Central Government |
| 17 | 23AC | Filing balance sheet and other documents with the Registrar |
| 18 | 23AC- XBRL | Form for filing XBRL document in respect of balance sheet and other documents with the Registrar. |
| 19 | Form 66 | Form for submission of Compliance Certificate |
| 20 | AOC-4 | Form for filing financial statement and other documents with the Registrar |
| 21 | AOC-4 CFS | Form for filing consolidated financial statements and other documents with the Registrar |
| 22 | AOC- 4 (XBRL) | Form for filing XBRL document in respect of financial statement and other documents with the Registrar |
| 23 | ADT-1 | Information to the Registrar by company for appointment of auditor |
| 24 | ADT-3 | Notice of Resignation by the Auditor |
| 25 | BEN-2 | Return to the Registrar in respect of declaration under section 90 |
| 26 | CRA-2 | Form of Intimation of appointment of cost auditor by the company to Central Government |
| 27 | CRA-4 | Form for filing Cost Audit Report with the Central Government |
| 28 | DPT-3 | Return of deposits |
| 29 | DPT-4 | Statement regarding deposits existing on the commencement of the Act |
| 30 | GNL-2 | Form for submission of documents with the Registrar |
| 31 | INC-5 | One Person Company- Intimation of exceeding threshold |
| 32 | IEPF-1 | Statement of amounts credited to the Investor Education and Protection Fund |
| 33 | IEPF-2 | Statement of unclaimed or unpaid amounts |
| 34 | IEPF-3 | Statement of shares and unclaimed or unpaid dividend not transferred to the Investor Education and Protection Fund |
| 35 | IEPF-4 | Statement of shares transferred to the Investor Education and Protection Fund |
| 36 | IEPF-6 | Statement of unclaimed or unpaid amounts to be transferred to the Investor Education an Protection Fund |
| 37 | IEPF-7 | Statement of amounts credited to IEPF on account of shares transferred to the fund |
| 38 | IEPF-5
e- verification report |
Application to the authority for claiming unpaid amounts and shares out of Investor Education and Protection Fund (IEPF) – E-verification report |
| 39 | I-XBRL | Form for filing XBRL document in respect of cost audit report and other documents with the Central Government |
| 40 | MGT-7 | Annual Return |
| 41 | MR-1 | Return of appointment of key managerial personnel |
| 42 | MSC-3 | Return of dormant companies |
| 43 | NDH-1 | Return of Statutory Compliances |
| 44 | NDH-3 | Return of Nidhi Company for the half year ended |
| 45 | NDH-4 | Application for declaration as Nidhi Company and for updation of status by Nidhis |
| 46 | PAS-3 | Return of allotment |
| 47 | SH-11 | Return in respect of buy-back of securities |
| 48 | A-XBRL | Form for filing XBRL document in respect of compliance report and other documents with the Central Government |
| 49 | DIR-3 KYC/Web form | Application for KYC of Directors |
| 50 | FC-1 | Information to be filled by Foreign company |
| 51 | FC-2 | Return of alteration in the documents filed for registration by foreign company |
| 52 | FC-3 | Annual accounts along with the list of all principal places of business in India established by foreign company |
| 53 | FC-4 | Annual Return of a Foreign Company |
| 54 | INC-22A | Active Company Tagging Identities and Verification (ACTIVE) |
| 55 | INC-20A | Declaration for commencement of business |
| 56 | AOC-5 | Notice of address at which books of account are maintained |
| 57 | DIR-11 | Notice of resignation of a director to the Registrar |
| 58 | GNL-3 | Particulars of person(s) or key managerial personnel charged or specified for the purpose of sub-clause (iii) or (iv) of clause 60 of section 2 |
| 59 | INC-20 | Intimation to Registrar of revocation/surrender of license issued under section 8 |
| 60 | INC-28 | Notice of order of the Court or Tribunal or any other competent authority |
| 61 | MGT-6 | Return to the Registrar in respect of declaration under section 89 received by the company |
| 62 | MGT-10 | Changes in shareholding position of promoters and top ten shareholders |
| 63 | MGT-14 | Filing of Resolutions and agreements to the Registrar under section 117 |
| 64 | MGT-15 | Form for filing Report on Annual General Meeting |
| 65 | Form 27 LLP | Form for registration of particulars by Foreign Limited Liability Partnership (FLLP) |
| 66 | FORM 3 | Information with regard to limited liability partnership agreement and changes, if any, made therein |
| 67 | FORM 8 | Statement of Account & Solvency |
| 68 | FORM 15 | Notice for change of place of registered office |
| 69 | FORM 11 | Annual Return of Limited Liability Partnership (LLP) |
| 70 | FORM 4 | Notice of appointment, cessation, change in name/ address/designation of a designated partner or partner and consent to become a partner/designated partner |
| 71 | FORM 5 | Notice for change of name |
| 72 | FORM 12 | Form for intimating other address for service of documents |
| 73 | FORM 22 | Notice of intimation of Order of Court/ Tribunal/CLB/ Central Government to the Registrar |
| 74 | FORM 31 | Application for compounding of an offence under the Act |
| 75 | FORM 23 | Application for direction to Limited Liability Partnership (LLP) to change its name to the Registrar |
| 76 | Form 29 LLP | Notice of (A) alteration in the certificate of incorporation or registration; (B) alteration in names and addresses of any of the persons authorised to accept service on behalf of a foreign limited liability partnership (FLLP) (C)alteration in the principal place of business in India of FLLP (D) cessation to have a place of business in India |
CONCLUSION: The Designated Authority shall take necessary action under the Acts against the companies who have not availed this scheme and are in defaulting filing these documents in a timely manner.
DISCLAIMER: The Article Is Based On The Relevant Provisions And As Per The Information Existing At The Time Of The Preparation. In No Event I Shall Be Liable For Any Direct And Indirect Result From This Article. This Is Only A Knowledge Sharing Initiative.
THE AUTHOR – CS Deepak Seth (Associate Partner at Helpinghands Professionals LLP) and can be reached at contacthhpro@gmail.com or 9910248911.
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