Extension of due dates for various Schemes, Registration as Independent Director, DIR-3 KYC, holding EGM, till 31st December, 2020



Quick Summary
The Government of India has extended several important corporate compliance deadlines to 31st December 2020, following a request from the Institute of Chartered Accountants of India. This includes the Companies Fresh Start Scheme (CFSS) and the LLP Settlement Scheme, both of which offer a one-time opportunity to file pending documents without higher penalties. The extension also covers the filing of DIR-3 KYC, holding EGMs via video conference, and the registration of Independent Directors.

Corporate Laws & Corporate Governance Committee
The Institute of Chartered Accountants of India
29th September, 2020

ANNOUNCEMENT

Sub: Extension of due dates for various Schemes, Registration as Independent Director, DIR-3 KYC, holding EGM, till 31st December, 2020 by the Government of India

Considering the difficulties faced by the corporates and professionals due to the continued disruption in certain parts of the country and to provide greater Ease of doing business, the Institute of Chartered Accountants of India requested the Government of India to enhance the timelines as the corporates are not able to take the desired benefit of the relaxations.

In this regard, we are happy that the Government has considered the request sent by the Institute of Chartered Accountants of India and has extended the following timelines:

1. The Companies Fresh Start Scheme (CFSS) which was introduced on 1st April, 2020 and was open till the 30th September, 2020. The scheme offered one-time opportunity to the defaulting companies’ to file all the pending documents including the annual tiling of the company without charging higher additional fees on any delay with the Ministry. The same has now been extended to 31st December, 2020.

2. The LLP Settlement Scheme, 2020 which incentivise compliance and reduce compliance burden during the unprecedented public health situation caused by Covid19. The scheme was a one-time waiver of additional filing fees for delayed filings by the LLPs with the Registrar of Companies during the period starting from 1st April, 2020 and ending on 30th September, 2020. The same has now been extended to 31st December, 2020

3. Special measures adopted to enable and support Limited Liability Partnerships constituted under Limited Liability Partnership Act, 2008 in view of COVID19 outbreak to reduce their compliance burden and other risks. The same has now been extended to 31st December, 2020.

4. Filing of DIR 3 KYC is also a part of the CFSS- 2020 and LSS-2020 schemes. The same has also been extended to 31st December, 2020.

5. Companies to hold EGMs or transact business through postal ballots through Video Conferencing or Other Audio Visual Means by 30th September, 2020. The same has now been extended to 31st December, 2020.

6. Filing of forms related to creation or modification of charges under the Companies Act 2013 was earlier provided till 30th September, 2020. The same has now been extended to 31st December, 2020.

7. The last date for registration of details of Independent Directors in the ID Data Bank was extended upto 30th September, 2020. The same has now been extended to 31st December, 2020.

Members may note the above.
The CL&CGC ICAI did represent on this matter.

Chairman Vice Chairman
Corporate Laws & Corporate Governance Corporate Laws & Corporate Governance
Committee, ICAI Committee, ICAI

FAQ :

The deadline for the Companies Fresh Start Scheme (CFSS) has been extended to 31st December 2020.

Yes, the LLP Settlement Scheme, 2020, has also been extended to 31st December 2020.

The due dates for filing DIR-3 KYC, holding EGMs through video conferencing, and registering Independent Directors in the ID Data Bank have also been extended to 31st December 2020.

The deadlines were extended to provide greater ease of doing business and to address difficulties faced by corporates and professionals due to disruptions in certain parts of the country.

The Institute of Chartered Accountants of India requested the Government of India to enhance these timelines.




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