Scheme for condonation of delay for Companies restored on the Register of Companies



Quick Summary
The Ministry of Corporate Affairs has introduced a scheme to help companies restored to the Register of Companies between 1st December 2020 and 31st December 2020. This scheme allows these companies to file overdue e-forms without additional fees for delays, provided they were restored via an appeal under section 252 of the Companies Act, 2013. The scheme is effective from 1st February 2021 and allows a two-month window, until 31st March 2021, to file these forms.

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

On receipt of various representations requesting for relief, the Ministry of Corporate Affairs on 15th January, 2021, vide a notification has notified “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 e-forms with the ROC, insofar as it relates to charging of additional fees on account of delay of such filings.

Company Restoration Delay Condonation Scheme 2021

The details of the Scheme are as under

a. Effective from 01st February, 2021.

b. Applicable to the Companies which have filed an appeal under section 252 of the Act with the NCLT for the restoration of the name of the Company and an order was passed for the name restoration between 01st December, 2020 & 31st December, 2020.

c. Duration of the Scheme: The Companies are allowed to file overdue e-forms within a period of 2 month i.e., by 31st March, 2021.

d. Forms for which Scheme shall be applicable: The scheme shall be applicable to all e-forms except:

i. SH- 7 (where any increase in authorized share capital is involved)

ii. CHG-1, CHG-4, CHG-8 & CHG-9

 

e. Applicable fees: Normal filing fees applicable.

DISCLAIMER: The above article is based on the notification published by the Ministry and in no case the author shall be liable for any further changes introduced after the date of publication of this article.

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

 

FAQ :

It is a scheme introduced by the Ministry of Corporate Affairs to waive additional fees for delayed e-form filings for companies that were restored to the Register of Companies between 01 December 2020 and 31 December 2020.

The scheme is effective from 01st February 2021 and companies have a period of 2 months, until 31st March 2021, to file the overdue e-forms.

Companies that filed an appeal under section 252 of the Companies Act, 2013 for restoration of their name and had an order for name restoration passed between 01st December 2020 and 31st December 2020 are eligible.

Yes, the scheme is not applicable to SH-7 forms where any increase in authorised share capital is involved, and CHG-1, CHG-4, CHG-8 & CHG-9 forms.

Only the normal filing fees applicable are to be paid; additional fees on account of delay are condoned.




About the Author

PCS at Tanveer Saluja & Associates

Practicing Company Secretary at Tanveer Saluja Associates

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