In view of difficulties arising due to the resurgence of Covid-19, there were general circulars issued by the Ministry of Corporate Affairs (MCA) on May 03, 2021, in Companies Act, 2013/Limited Liability Partnership Act, 2008 in respect of:
♦ Holding of Board Meeting
♦ Creation and Modification of Charge
♦ Filing of MCA form for Companies and LLP
Circular-1: Maximum Gap between two Board Meetings under section 173 of the Companies Act, 2013 (General Circular No. 08/2021).
MCA has extended a gap between the two board meetings by 60 days for the first two quarters of Financial Year 2021-22. Accordingly, the gap between the two consecutive Board Meetings may extend to 180 days during the quarter April to June 2021 and July to September 2021, instead of 120 days as per Section 173 of the Companies Act, 2013.
Circular-2: Relaxation of filing forms for Creation and Modification of charge (General Circular No. 07/2021)
MCA has provided relaxation in respect of filing of forms of creation and modification of charge between 01.04.2021 to 31.05.2021 (both days inclusive). As per provisions of Section 77 of Companies Act, 2013 form CHG-1 and CHG-9 relating to Creation and Modification of Charge need to be filed in a maximum of 120 days from the date of creation or modification of charge. Below is the explanation:
|1||Situation 1: The date of creation and Modification of Charge is before April 2021.||The period between 1st April 2021 till 31st May 2021 shall not be reckoned (calculated) for the purpose of filing the form.||In this case, the first day after 31st March 2021 shall be 1st June 2021.|
|2||Situation 2: If the date of creation or modification is between 1st April 2021 and 31st May 2021|
The Circular shall not apply in case:
Circular – 3: Relaxation in additional fees for filing of form after the due date (General Circular No. 06/2021)
As per this circular, if the due date of any form (except CHG-1, CHG-4, and CHG-9) falling between 1st April 2021 to 30th May 2020 then those forms can be file without additional fees till 31st July 2021.
|S.No.||Forms||Purpose of the form||Last Date||Extended Due Date|
|1||MSME-1||For reporting dues to MSME exceeding 45 days, if any on a half-yearly basis||30/04/2021||31st July 2021|
|2||LLP Form-11||Annual Return to be furnished||30/05/2021||31st July 2021|
|3||FC-4||Annual Return of Foreign Company||30/05/2021||31st July 2021|
This has provided great relief to all the Companies and LLPs registered under the Companies Act, 2013 & Limited Liability Partnership Act, 2008 by the MCA. This has brought industrial peace and amenity in the corporate sector.