MINISTRY OF CORPORATE AFFAIRS: NEW RELAXATIONS AMID COVID 19 SURGE
In view of difficulties arising due to resurgence of covid-19 and representations received from stakeholders requesting relaxation of timelines for filing of Forms and relaxation on levy of additional fees on filing of certain forms, Ministry of Corporate Affairs (MCA) has decided to provide the following relaxations to the stakeholders:
1- RELAXATION ON LEVY OF ADDITIONAL FEES IN FILING OF CERTAIN FORMS UNDER THE COMPANIES ACT, 2013 AND LLP ACT 2008.
2– RELAXATION OF TIME AND FEES FOR FILING OF FORMS RELATED TO CHARGE CREATION OR MODIFICATIONS OF CHARGES UNDER THE COMPANIES ACT, 2013.
(a) Is before 1st April, 2021 and the due date for filing such form had not expired as per section 77 of the Act as on 01-04-2021 or
(b) Falls between 1st April 2021 and 31st May, 2021 (both dates inclusive).
I- WHERE CREATION OR MODIFICATION DATE IS BEFORE 01-04-2021 AND DUE DATE HAD NOT EXPIRED UNDER SECTION 77:
The time period from 01.04.2021 to 31.05.2021 shall not be considered for the purpose of counting the number of days under section 77 or section 78 of the Act.
In case the form is not filed within such period i.e. 01-04-2021 to 31-05-2021, the first day after 31.03.2021 shall be considered as 01.06.2021 for the purpose of counting the number of days within which the form is required to be filed under section 77 or section 78 of the Act.
Illustration: If the Form CHG 1 or Form CHG 9 is filed after 31-05-2021, then the days between 01-04-2021 to 31-05-2021 shall not be counted for the calculation of 30 days + additional 30 days and further 60 days, as the case may be, after 31.03.2021.
|Event Date||Filing date||Calculation of days||Fees|
|18-03-2021||24-04-2021||Filed within time allowed.||Normal fees|
|15-03-2021||06-05-2021||Filed within time allowed.||Normal fees|
|22-03-2021||12-06-2021||22.03 to 31.03 + 01.06 to 12.06 = 22 days||Normal fees|
|26-03-2021||28-06-2021||26.03 to 31.03 + 01.06 to 28.06 = 34 days||Normal + Additional|
II- WHERE CREATION OR MODIFICATION DATE FALLS BETWEEN April 1& May 31:
The time period from the date of creation or modification of charge to 31-05-2021 shall not be considered for the purpose of counting of days under section 77 or section 78 of the Act.
In case the form is not filed within such period, the first day after the date of creation or modification or charge shall be 01-06-2021 for the purpose of counting the number of days within which the form is required to be filed under section 77 or section 78 of the Act.
Illustration: If the Charge creation date is 25-04-2021, the form shall be filed upto 31st May 2021 with normal fees.
But if the form is filed after 31st May, 2021, then the period of 30 days shall be calculated from 01-06-2021 not from the date of creation or modification as the case may be.
DISCLAIMER: The content of this article is for informative purposes only and should not be considered as any legal advice on the topic covered. The information is based on the facts and relevant provisions of the applicable laws.