A. Relaxation of time for filing forms related to creation or modification of charges under the Companies Act, 2013

Introduction:

MCA has issued General Circular No. 07/2021 dated 03rd May, 2021 on relaxation of time for filing forms related to creation or modification of charges under the Companies Act, 2013 in view of COVID-19 related restrictions and disruptions.

Applicability:

This Circular shall be applicable in respect of filing of Form No. CHG-1 and Form No. CHG-9 (both referred as ‘form’ or ‘forms’) by a company or a charge holder, where the date of creation/modification of charge:

a. is before 01.04.2021, but the timeline for filing such form had not expired under section 77 of the Act as on 01.04.2021, or

b. falls on any date between 01.04.2021 to 31.5.2021 (both dates inclusive).

Language of Circular:

(1) Relaxation of Time :

a. If form is filed under situation covered above in clause (a) the period beginning from 01- April-2021 to 31-May-2021 will not be considered for the purpose of counting the number of days under section 77 or 78 of the Act. If form is not filed under this period the first day after such period i.e. 01st June, 2021 shall be considered for the purpose of counting the number of days under section 77 or 78 of the act.

b. In case form is filed under situation covered above in clause (b) the period beginning from date of creation/modification of charge to 31-May-2021 will not be considered for the purpose of counting the number of days under section 77 or 78 of the Act. If form is not filed under this period, the first day after the creation/modification of charge i.e. 01st June, 2021 shall be considered for the purpose of counting the number of days under section 77 or 78 of the act.

(2) Applicable Fees :

a. If the form is filed during 01-April-2021 t0 31-May-2021 the normal fees will be charged under both the situations covered above in clause (a) and (b).

b. If the form filed after 31-May-2021 under situation covered above in clause (a), the applicable fees shall be charged under the fees rules by adding the number of days from 01-June-2021 till the date of filing the form plus the time period already lapsed till 31-March-2021.

c. If the form filed after 31-May-2021 under situation covered above in clause (b), the applicable fees shall be charged under the fees rules by adding the number of days from 01-June-2021 and till the date of filing the form.

For Example:

SL No. Situations Days calculation and fees payable
1 The date of creation of charge is 15th March, 2021 and Form Filed on 15th May, 2021 Normal Fees

No Additional fees will be chargeable.

2 The date of creation of charge is 15th April, 2021 and Form Filed on 25th May, 2021 Normal Fees

No Additional fees will be chargeable.

3 The date of creation of charge is 15th March, 2021 and Form Filed on 15th June, 2021 Normal Fees plus Additional fees will be charged for 32 days (From 01st June to 15th June i.e. 15 days plus from 15th March to 31st March i.e. 17 days)
4 The date of creation of charge is 15th April, 2021 and Form Filed on 15th June, 2021 Normal Fees plus Additional fees will be charged for 15 days (From 01st June to 15th June i.e. 15 days)

The Circular shall not apply, in case:

1. The forms i.e.CHG-1 and CHG-9 had already been filed before the date of issue of this Circular.

2. The timeline for filing the form has already expired under section 77 or section 78 of the Act prior to 01.04.2021.

3. The timeline for filing the form expires at a future date, despite exclusion of the time provided in sub-para (ii) above.

4. Filing of Form CHG-4 for satisfaction of charges.

5. This issues with the approval of the Competent Authority.

B. Relaxation on levy of Additional Fees in filling of certain forms under Companies Act, 2013 and LLP Act, 2008

MCA has issued General Circular No. 06/2021 dated 03rd May, 2021 on relaxation of additional fees in filing of certain forms under the Companies Act, 2013 and LLP Act, 2008 in view of COVID-19 related restrictions and disruptions for filing the forms.

Language of General Circular No. 06/2021 dated 03rd May, 2021:

1. Granted additional time up to 31st July, 2021 for Companies and LLPs to file such forms (other than Form CHG 1, Form CHG 4 and Form CHG 9 forms) without any additional fees;

2. No additional fees to be levied for filing of forms till 31st July, 2021 (other than charge related forms) which were/would be due for filing between 01st April, 2021 and 31st May, 2021.

3. Only Normal fees will be chargeable on these filings and no additional fees will be charged till 31st July, 2021.

FAQs:

SL No. Question Reply
1 Up to what period the Moratorium Period granted for filing the forms without additional fees? Till 31st July, 2021
2 What should be the due date of the forms for availing the additional time for filing the forms? The forms which were/ would be due for filling between 01st April, 2021 and 31st May, 2021.
3 Whether relaxation of additional fees is given for any specific form or all forms? Further, one can opine from language of circular that, no additional fees for late filing of any document, return, statement etc. therefore, relaxation seems for all the forms under Companies Act, 2013 and LLP Act, 2008 except for charge creation, modification and satisfaction forms.

Note : MCA has issued the separate circular on 03rd May, 2021 for relaxation of additional fees on charge related forms. Please refer the below link for the same. General Circular No. 07/2021 dated 03rd May, 2021

Author Bio

Qualification: CS
Company: N/A
Location: Thane, Maharashtra, India
Member Since: 07 May 2021 | Total Posts: 1

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