The Ministry of Corporate Affairs (MCA) has announced amendments to Section 403 of the Companies Act, 2013, along with the Companies (Registration Offices and Fees) Amendment Rules, 2022. These changes, effective from 1st July 2022, introduce revised fees for late filing of documents. The amendments specify additional fees and higher additional fees based on the duration of the delay, with different rates applicable for various classes of companies and specific forms.
Corporate Laws Corporate Governance Committee
The Institute of Chartered Accountants of India
12th January, 2022
ANNOUNCEMENT
Sub: Amendment in Section 403 of the Companies Act, 2013 and notification of Companies (Registration Offices and Fees) Amendment Rules, 2022 w.e.f. 01st July, 2022
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FAQ :
The amendments to Section 403 of the Companies Act 2013 and the Companies (Registration Offices and Fees) Amendment Rules, 2022, came into effect on 1st July 2022.
The amendments primarily revise the fee structure for late filing of documents with the Registrar of Companies, introducing additional fees and higher additional fees based on the length of the delay.
Yes, the new rules specify a table of additional fees and higher additional fees that vary depending on the period of delay, ranging from up to 15 days to beyond 180 days.
The revised Section 403(1) states that the additional fee for late submissions shall not be less than one hundred rupees per day.
A higher additional fee is applicable in certain cases, such as for delays in filing specific forms like e-form INC-22 or e-form PAS-3, if there's a default on two or more occasions within a year.
The table of additional fees and higher additional fees applies to delays in filing forms other than those for an increase in Nominal share capital, or forms under Section 92/137 of the Act, or forms for filing charges.