Summary of the notifications and clarification issued by MCA and Stock Exchanges on 30/06/2021 and 29/06/2021 respectively
MCA extends the timeline for filing certain forms under the Companies Act, 2013 and LLP Act, 2008
MCA has extended the timeline granted vides its earlier circular dated 03/05/2021. Therefore,
- For forms other than CHG-1, CHG-4 and CHG-9: no additional fees shall be levied on Companies/LLPs upto 31/08/2021 (as against 31/07/2021)for the delayed filing of forms (other than charge related forms namely e-Forms CHG-1, CHG-4 and CHG-9) under the Companies Act, 2013 and LLP Act, 2008, which were/ would be due for filing during the period 01/04/2021-31/07/2021 (as against 31/05/2021).
- For forms CHG-1, CHG-4 and CHG-9: the relaxation of additional fees w.r.t these forms stands revised as per the below table.
|S.No.||Criteria||Relaxation granted by MCA||Applicable Fees|
|1.||Date of creation/modification of charge falling before 01/04/2021 but timeline for filing such form has not expired under Section 77 of the Act.||For the purpose of counting the number of days under Sections 77 and 78 of the Act, the period 01/04/2021-31/07/2021 shall not be considered. In case, the form is not filed within such period, then 01/08/2021 shall be considered as the first day after 31/03/2021 for the ‘number of days ‘ calculation under the above mentioned Sections.||If the form is filed on or before 31/07/2021, then fees payable as on 31/03/2021 shall be charged. If the form is filed after 31/07/2021, then the fees shall be levied by adding the following:
a. No of days beginning from 01/08/2021 to the date of filing of such form
b. Time period elapsed from the date of creation of charge till 31/03/2021
|2.||Date of creation/modification of charge falls on any date during the period 01/04/2021-31/07/2021(both dates inclusive)||For the purpose of counting the number of days under Sections 77 and 78 of the Act, the period from the date of creation/modification of charge to 31/07/2021 shall not be considered. In case, the form is not filed within such period, then 01/08/2021 shall be considered as the first day after the date of creation/modification of charge for the ‘number of days ‘ calculation under the above mentioned Sections.||If the form is filed before 31/07/2021, then normal fees shall be payable If the form is filed after 31/07/2021, then the first day after the date of creation of modification of charge shall be considred as 01/08/2021 and the number of days till the date of filing of the Form shalll be counted for the purpose of the fees.|
Further to the recent amendments to LODR, Stock Exchanges have clarified that the listed entities shall disclose:
- Details of group meetings (including schedule and post meeting disclosures). However, it has clarified that disclosure with respect to one-on-one meetings shall not be mandatory
- All Audio or video recordings and transcripts of post earnings/quarterly calls, by whatever name called, conducted physically or through digital means, either conducted by listed entity or any other entity.
Also, to bring the Insider Trading provisions in line with the recent amendments to LODR, if Unpublished Price Sensitive Information (UPSI) is shared in Analysts / Research Personnel /Investor meet, all listed companies shall be required to disclose audio recordings or transcripts, irrespective of whether the meeting was organized by the listed company or by any other entity.