TMI BlogCompanies Fresh Start Scheme, 2020X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. Companies Act, 2013 requires all companies to make annual statutory compliance by filing the Annual Return and Financial Statements. Apart from this, various other statements, documents, returns, etc are required to be filed on the MCA21 electronic registry within prescribed time limits. Filing fees for filing such statements, documents, returns, etc is governed by section 403 of the Companies Act, 2013 read with Companies (Registration Offices and Fees) Rules 2014 . 3. The Ministry has received representations from various stakeholders requesting for grant of one-time opportunity, so as to enable them to complete their pending compliances by filing necessary documents in the MCA-21 registry including annual filings without ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he context otherwise requires, (a) Act means the Companies Act, 2013 and Companies Act, 1956 (where ever applicable); (b) Company means a company as defined in clause (20) of section 2 of the Companies Act, 2013 ; (c) defaulting company means a company defined under the Companies Act, 2013 , and which has made a default in filing of any of the documents, statement, returns, etc including annual statutory documents on the MCA-21 registry. (d) Designated authority means the Registrar of Companies having jurisdiction over the registered office of the company; (e) Immunity certificate means the certificate referred to in sub paragraph of paragraph 6 of the Scheme; (f) inactive Company means a company as defin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proceeding for imposing penalty On account of delay in filing the return of allotment, but not on account of utilization of the money raised through private placement prior to the filing of the return with the registry. (v) Withdrawal of appeal against any prosecution Lunched or the proceedings for imposing penalties initiated: If the defaulting company. with respect to any statutory filing under the Act, or its officer in default. as the ease may be, has filed any appeal against any notice issued or complaint filed or an order passed by a court or by an adjudicating authority under the Act. before a competent court or authority for violation of the provisions under the Companies Act. 1956 and/or Companies Act. 2013 , in respect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct of document(s) filed under the Scheme - The application for seeking immunity in respect of belated documents filed under the Scheme may be made electronically in the Form CFSS-2020 annexed, after closure of the Scheme and after the document(s) are taken on file, or on record or approved by the Designated authority as the case may be but not after the expiry of six months from the date of closure or the Scheme. There shall not be any fee payable on this Form. Provided that this- immunity shall not applicable in the matter of any appeal pending before the court of law and in case of management disputes of the company pending before any court or law or tribunal: Provided also that no immunity shall provided in case any court has ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the prosecution(s) pending, if any. before the concerned Court(s) and the proceedings of adjudication of penalties under section 454 of the Act, other than those referred in the second proviso to sub-paragraph (vii) of paragraph 6 of this Scheme, in respect of defaults against which immunity has been so granted shall be deemed to have been completed without any further action on the part of the Designated authority; (xi) Scheme for Inactive Companies: The defaulting inactive companies. while filing due documents under CFSS-2020 can, simultaneously, either: a. apply to get themselves declared as Dormant Company under section 455 of the Companies Act, 2013 by filing e-form MSC-1 at a normal fee on said form; or b. apply ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
