MCA Relaxation due to Covid Pandemic as on 03.05.2021: In respect of Number of Board meetings and Filing of certain forms
1. Section 173: Number of Board Meetings
Before Relaxation–
- Every company shall hold a minimum number of four meetings of its Board of Directors every year; and
- gap between two consecutive board meetings shall not exceed 120 days.
After Relaxation –
- Every company shall hold a minimum number of four meetings of its Board of Directors every year; and
- Gap between two consecutive board meetings may extend to 180 days for quarter 1 i.e., April to June and quarter 2 i.e., July to September of financial year 2020-21.
Source: https://taxguru.in/company-law/mca-allows-gap-180-days-two-board-meetings.html
2. Relaxation on levy of additional fees in filing of certain forms under Companies Act, 2013 and Limited Liability Partnership Act, 2008:
- No additional fees shall be levied for delay in filing of forms due for filing during 1st April 2021 to 31st May 2021 upto 31st July, 2021. In other words, only normal fees shall be levied.
- This relaxation shall not be applicable for-
1. Form CHG-1- Application for registration of creation, modification of charge (other than those related to debentures)
2. Form CHG-4- Particulars for satisfaction of charge thereof
- Form CHG-9- Application for registration of creation or modification of charge for debentures or rectification of particulars filed in respect of creation or modification of charge for debentures
- After 31st July, 2021, additional late fees shall be calculated from the due date of respective form.
- Following are the forms covered under the relaxation:
| Serial No. | Form | Purpose of Form | Periodicity | Due date of filing of form | Extended Due Date | Applicability of Form |
| 1. | Form MSME-1 | Form for furnishing half yearly return with the registrar in respect of outstanding payments to micro or small enterprises | Half yearly (Oct-Mar) | 30-04-2021 | 31-07-2021 | Applicable to all type of Companies |
| 2. | Form PAS-6 | Reconciliation of Share Capital Audit Report | Half yearly
(Oct-Mar) |
30-05-2021 | 31-07-2021 | Unlisted Public Companies |
| 3. | Form LLP-11 | Annual Return of LLPS | Yearly | 30.05.2021 | 31-07-2021 | Applicable to all LLPs |
| 4. | Form FC-4 | Annual Return of a Foreign Company | Yearly | 30-05-2021 | 31-07-2021 | Applicable on Branch, Project and Liason Office
|
Special Note: Since the due date of filing of Form CFSS is 30thJune 2021, it is not covered under the purview of relaxation.
Source: https://taxguru.in/company-law/additional-fee-certain-forms-companies-llp-relaxed.html
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