FAQ’s on Relaxations of time of filling of CHARGE form

FAQ’s on Relaxations of time of filling of CHARGE form {Creation & Modification of Charge}

SHORT SUMMARY:

Quick Question:

1. If Charge is created/ modified on or before December 02, 2020. Company fails to file such form. Whether such Company can take benefit of General Circular No. 07/2021 dated 03^rd May, 2021?

As per applicability of Scheme. If 120 days already been expired on April 01, 2021, then such form can’t take benefit of this Circular.

In the given question charge created/ modified on or before December 02, 2020 therefore, 120 days already passed on April 01, 2021.

Therefore, no benefit of this circular to such Companies.

2. If any company file CHG-1/ CHG-9 during (01/04/2021 to 30/05/2021) with additional fees as well as advolerum fees, whether such company can file form for refund of fees other than actual from fees from MCA?

It is specifically mentioned in scheme, If the form i.e. CHG-1 and CHG-9 had already been filed before the date of Circular (i.e. May 03, 2021) then such form can’t take benefit of scheme. Therefore, not eligible for any refund.

3. Whether company can take benefit of this circular for filing of e-form CHG-4 between 01/04/2021 to 30/05/2021?

This circular shall not be apply for filing of e-form CHG-4. Time limit and additional fees for filing of e-form CHg-4 is same as per law without any relaxation.

4. If (maximum time for filing of form expired) 120 days from date of creation/ modification of charge has already been expired before 01.04.2021, then whether Company can take benefit of this circular?

If maximum period (120 days) for filing of e-form CHG-1/CHG-9 has been already been expired on 01^st April, 2021 then company can’t take any benefit of this scheme and can’t file such form with ROC.

5. If Charge created on 14^th February, 2021, then what shall be due date of filing of such form as per this circular?

• To Calculate 120 days of filing of CHG-1 & CHG-9 period from 01^st April, 2021 to 30^th May, 2021 shall not be include.

6. If 01^st April, 2021 was the 25^th day from the date of creation of Charge, but company file such form on 01^st June, 2021, whether Company is required to pay additional fees?

As per circular, period from 01^st April to 30^th May shall not be count for calculate of 120 days of filing of e-form CHG-1. Therefore, if 01^st April, 2021 was 25^th Day from creation of Charge then 01^st June 2021 shall be considered as 26^th Day.

7. If 01^st April, 2021 was the 55^th day from the date of creation of Charge, but company file such form on 01^st June, 2021, then how much fees company required to pay?

As per circular, period from 01^st April to 30^th May shall not be count for calculate of 120 days of filing of e-form CHG-1. Therefore, if 01^st April, 2021 was 55^th Day from creation of Charge then 01^st June 2021 shall be considered as 56^th Day.

As 1^st June, 2021 shall be considered as 56^th Day (before 60 days after 30 days) therefore, company required to pay normal fees as well as additional fees.

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Author – CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES Company Secretary in Practice from Delhi and can be contacted at csdiveshgoyal@gmail.com). ‘

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