Practical Approach: Form CFSS-2020

Applicability

CFSS-2020 is required to be filed pursuant to MCA's General Circular No. 12/2020 by those Companies which have filed belated forms/ documents in the MCA-21 registry under the Companies Fresh Start Scheme, 2020 during moratorium period starting from 1st April 2020 to 31st December 2020.

Non-applicability

LLPs are not required to file CFSS-2020 form.

Due Date

CFSS-2020 shall be filed within 6 months from the end of the scheme i.e., 30^th June, 2021. In no case this form can be filed after the expiry of due date.

SRN

• Maximum 20 SRNs in one CFSS-2020 form is allowed. If there are more than 20 SRNs then additional form is required to be filed.
• SRN of forms which are not covered in the scheme are not required to be mentioned: MSME-1, PAS-6, SH-7, charge related forms.
• SRN of forms which are filed before 1^st April, 2020 or after 31^st December, 2020 are also not required to be mentioned in CFSS-2020 form.
• Mentioning SRN of DIR-3 KYC, ADT-3 & DIR-11 is optional as these forms are individual specific and a Company is not required to file the same. But as a good Corporate Governance practice it is advisable to mention SRN of such forms.

Date of event

The date of event depends upon the triggering point pursuant to which filing of a form becomes due. For instance: For MGT-7 & AOC-4 date of event is date of AGM, for MGT-14 date of event is date of passing resolution.

Attachments

• If any appeal was filed: Proof of withdrawal of any such appeal(s) against any notice issued or complaint filed or an order passed by a court or by an adjudicating authority under the Act.
• If any prosecution is pending in court against the company and its officers in respect of belated documents: Details in respect of prosecution(s) pending against the company and its officers in respect of belated documents filed under the scheme which requires withdrawal by the Registrar.

Disclaimer: The author is based in Jabalpur and is a Practicing Company Secretary dealing in Corporate, Legal & Taxation services. The information contained in this write up, as provided by the author, is to provide a general guidance to the intended user. The information should not be used as a substitute for specific consultations. Author recommends that professional advice is sought before taking any action on specific issues.

The author can also be reached at cstanveersaluja@gmail.com