May 04, 2021
Summary of the circulars issued by MCA on 03/05/2021
MCA relaxes levy of additional fees in filing of certain forms under the Companies Act, 2013 and LLP Act, 2008
Through this circular, MCA has notified that no additional fees shall be levied on Companies/LLPs upto 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 01/04/2021-31/05/2021.
MCA relaxes timeline for filing forms related to creation or modification of Charges under the Companies Act, 2013
MCA has provided relaxation as indicated in the below table to Companies/Charge holder in respect of filing of forms CHG-1 and CHG-9 (and not CHG-4). This circular shall not be applicable in cases where the said forms have already been filed before 03/05/2021 or the timeline for filing has already expired/expires at a future date(despite exclusions of time period mentioned in the below table) under the Sections 77/78 of the Act.
|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 01/04/2021-31/05/2021 shall not be considered. In case, the form is not filed within such period, then 01/06/2021 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 31/05/2021, then fees payable as on 31/03/2021 shall be charged.
If the form is filed after 31/05/2021, then the fees shall be levied by adding the following:
a. No of days beginning from 01/06/2021 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 01/04/2021-31/05/2021(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 31/05/2021 shall not be considered. In case, the form is not filed within such period, then 01/06/2021 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 31/05/2021, then normal fees shall be payable
If the form is filed after 31/05/2021, then the first day after the date of creation of modification of charge shall be considred as 01/06/2021 and the number of days till the date of filing of the Form shalll be counted for the purpose of the fees.
Extension of the maximum gap required between two consecutive Board Meetings under the Companies Act, 2013
Through this circular, MCA has extended the maximum gap between 2 consecutive Board Meetings to 180 days(as against 120 days) during the quarters April-June, 2021 and July-September, 2021 under the Companies Act, 2013.
These circulars are integrated in our free to use website www.ca2013.com.