MCA rules out out a blanket extension of Companies Fresh Start Scheme despite protests outside RoC [Read Circular]

MCA rules out out a blanket extension of Companies Fresh Start Scheme despite protests outside RoC [Read Circular]

MCA - Companies Fresh Start Scheme - RoC - Taxscan

The Ministry of Corporate Affairs (MCA) ruled out  a blanket extension of Companies Fresh Start Scheme despite protests outside the Registrar of Companies (RoC).

The government notified the Scheme for condonation of delay for companies restored on RoC between 1 December, 2020 and 31 December, 2020 under section 252 of the Companies Act, 2013.

The government received the representations requesting for relief as some companies had preferred appeals under section 252 of the Act against the orders of striking off the names of the companies before the respective Benches of the National Company Law Tribunals and the orders by NCLT Benches were issued during December, 2020.

In view of this, such companies could not avail the benefit of filing under CFSS-2020 by 31st December, 2020 and are liable to be levied additional fees upon filing of overdue e-forms.

“The matter has been examined and it has been decided that the companies may be provided the benefit of waiver of additional fees in respect of overdue filings to be made by them pursuant to the NCLT Order under section 252 of the Act, without any immunity from civil/criminal proceedings, etc,” the MCA in the circular said.

The Central Government in exercise of its powers conferred under section 460 read with section 403 of the Act has decided to introduce the Scheme namely, “Scheme for condonation of delay for companies restored on the Register of Companies between 01 December 2020 and 31 December 2020, under section 252 of the Companies Act, 2013” for the purpose of condoning the delay in filing forms with the Registrar, insofar as it relates to charging of additional fees on account of delay in such filings.

The Scheme shall be applicable in respect of companies in respect of whom the appeal filed under section 252 of the Act with the respective NCLT Bench for the restoration of the name of the company was disposed of between December 1, 2020 to December 31, 2020, with an order for restoration of the company.

The last date for filing of any overdue e-forms by such companies under the scheme shall be March 31, 2021.

The Scheme shall be applicable in respect of filing of all e-forms except where any increase in authorized capital is involved (e-Form SH-7) and charge related documents (e-forms CHG-1, CHG-4, CHG-8 and CHG-9) which are required to be filed with the Registrar.

Every company shall be required to pay normal filing fees under the Companies (Registration Offices and Fees) Rules, 2014 on the date of filing and no additional fees shall be payable for the forms for which the scheme is applicable.

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