{"id":183,"date":"2021-01-27T06:44:56","date_gmt":"2021-01-27T06:44:56","guid":{"rendered":"https:\/\/rvkassociates.com\/blog\/?p=183"},"modified":"2021-02-20T07:41:31","modified_gmt":"2021-02-20T07:41:31","slug":"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-reg","status":"publish","type":"post","link":"https:\/\/rvks.in\/blogs\/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-reg\/","title":{"rendered":"General Circular No.03\/2021, Ministry of Corporate Affairs, 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 -reg."},"content":{"rendered":"\n

Dated: 15th January, 2021\u00a0<\/strong><\/p>\n\n\n\n

\u03a4\u03bf <\/p>\n\n\n\n

The DGCOA,
All Regional Directors,<\/strong>
<\/strong>All Registrar of Companies,
All Stakeholders.\u00a0<\/p>\n\n\n\n

Subject: 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 -reg. <\/strong><\/p>\n\n\n\n

Sir\/Madam, <\/p>\n\n\n\n

  1. 1. The Companies Fresh Start Scheme, <\/strong>2020 (CFSS-2020], operationalized vide Gene<\/strong>ral Circular No. 12\/<\/em>2020, dated 30.03.2020 and extended vide General Ci<\/strong>rcular No. 30\/2020, dated 28.09.2020 is no longer app<\/strong>licable for various filings done under the provisions of the Companies Ac<\/strong>t, 2013 [the Act). <\/li>
  2. <\/li>
  3. 2. Representations have been received <\/strong>in this Ministry requesting for relief as some companies had preferred appeals under<\/strong> s<\/strong>ection 252 of the Act against the orders of striking off the names of the companies before the respective Benches of the <\/strong>National Company Law Tribunals [NCLTS] and the order(s) by NCLT Benches were issued during December, 2020. In view of this, such companies could not avail the <\/strong>benefit of filing under CFSS-2020 by 31st December, 2020 and are liable to be levied additional fees upon filing of overdue e-forms. <\/li>
  4. <\/li>
  5. 3. The matter has been examined and it has been decided that the aforementioned companies may be provided the benefit of waiver of additional fees in respect of overdue filings to be made by them pursuant t<\/strong>o the NCLT Order under section 252 of the Act, without any immunity from civil\/criminal proceedings, etc.\u00a0<\/strong>\u00a0<\/li><\/ol>\n\n\n\n

    4. A<\/em>ccordingly, the Central G<\/em>overnment 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 del<\/strong>ay in filing forms w<\/strong>ith the Registrar, insofar as it relates to charging of additional fees on account of de<\/strong>lay in such filings. <\/p>\n\n\n\n

    5. The details of the Scheme are as under:\u00a0<\/strong>

    (i)<\/strong> The Scheme shall come into effect f<\/strong>rom 01 February 2021.
    (ii) Applicab<\/strong>ility: The Scheme shall be applicable in respect of companies in respect\u00a0of whom the ap<\/strong>peal filed under section 252 of the Act with the respective <\/strong>NCLT Bench for the restoration of the name of the company was disposed of betwee<\/strong>n 01.12.2020 to 31.12.2020 with an order for restoration of the\u00a0company. <\/strong>
    (iii)<\/strong> Duration of the Scheme: The last date f<\/strong>or filing of any overdue e-forms by\u00a0<\/strong> such companies under the scheme shall be 31.03.2021.\u00a0<\/p>\n\n\n\n

    (iv) Forms for which the Scheme shall be applicable: The Scheme s<\/strong>hall be\u00a0applicable in respect <\/strong>of filing of all e-forms [except where any increase in authorized c<\/strong>apital is involved (<\/em>e-Form SH-7) and charge related documents (e <\/strong>forms CHG-1, CHG-4, CHG-8 and CHG-9)] which are required to be filed with the Registrar.\u00a0<\/strong><\/p>\n\n\n\n

    (v) Applicable Fees: Every company s<\/strong>hall be required to pay no<\/strong>rmal filing fees\u00a0under the Comp<\/strong>anies (Registration Offices and Fees) Rules, 2014 on the date <\/strong>of filing and no additional fees shall be payable for the forms for which the\u00a0schem<\/strong>e is applicable.

    6.<\/strong> This issues with the approval of the Competent Authority.\u00a0<\/p>\n\n\n\n

    Yours faithfully,\u00a0\u00a0<\/p>\n\n\n\n

    (KM’S Narayanan)
    Assist<\/strong>ant Director (Policy)\u00a0<\/p>\n\n\n\n

    \u00a0<\/strong><\/p>\n\n\n\n

    For full detail click below….<\/strong><\/p>\n\n\n\n

    https:\/\/bit.ly\/McaCircular-3<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

    Dated: 15th January, 2021\u00a0 \u03a4\u03bf  The DGCOA, All Regional Directors, All Registrar of Companies, All Stakeholders.\u00a0 Subject: 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 -reg.  Sir\/Madam,  1. The Companies Fresh Start Scheme, 2020 (CFSS-2020], […]<\/p>\n","protected":false},"author":1,"featured_media":26,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[10,60],"tags":[61],"class_list":["post-183","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-circulars","category-mca","tag-mca-gov"],"_links":{"self":[{"href":"https:\/\/rvks.in\/blogs\/wp-json\/wp\/v2\/posts\/183","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/rvks.in\/blogs\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/rvks.in\/blogs\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/rvks.in\/blogs\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/rvks.in\/blogs\/wp-json\/wp\/v2\/comments?post=183"}],"version-history":[{"count":8,"href":"https:\/\/rvks.in\/blogs\/wp-json\/wp\/v2\/posts\/183\/revisions"}],"predecessor-version":[{"id":615,"href":"https:\/\/rvks.in\/blogs\/wp-json\/wp\/v2\/posts\/183\/revisions\/615"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/rvks.in\/blogs\/wp-json\/wp\/v2\/media\/26"}],"wp:attachment":[{"href":"https:\/\/rvks.in\/blogs\/wp-json\/wp\/v2\/media?parent=183"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/rvks.in\/blogs\/wp-json\/wp\/v2\/categories?post=183"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/rvks.in\/blogs\/wp-json\/wp\/v2\/tags?post=183"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}