MCA adds 22 more Forms in List of Forms providing Waiver of Additional Fee

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On May 03, 2021, Ministry of Corporate Affairs published a General Circular No. 06/2021 relaxing the time and additional fees to be payable by any Company or LLP till July 31, 2021, regarding Forms that are scheduled for filing between 01 April 2021, to 31 May 2021 (except charge related forms). A fee waiver means when someone charges you a lower fee than usual.

Also Ministry of Corporate Affairs publishes General Circular No. 07/2021 for giving relaxation to the Companies to file the forms CHG 1 and CHG 9 for the creation or modification of charge as below:

  • The charges created or modified before 01/04/2021 but the timelines for furnishing such forms not expired on 01/04/2021 can be filed with ROC without any additional fees by 31/05/2021
  • The charges created or modified between 01/04/2021 to 31/05/2021 can be filed with ROC without any additional fees by 31/07/2021.

Cases in which Circular 7/2021 does not apply

  • If form CHG 1/CHG 9 is already filed before the issuance of this circular
  • The time period is already expired under sections 77 and 78 before 01/04/2021.
  • The time period for filing the forms expires a future date, despite the exclusion of the time provided in case (b) above
  • In case of filing of Form CHG4.

Ministry had first issued a list of 10 such forms on 13th May 2021 and then they revised the list with 18 forms on 22.05.2021 and now on 28th May 2021, they further revised the list to a list of 40 Forms that means 22 additional forms are added to the list.

MCA adds 22 more Forms in List of Forms providing Waiver of Additional Fee

List of forms providing waiver of additional fee as per Circular no. 06/2021 and 07/2021

S.no.FormDescription
1  Form CHG-1
Application for registration of creation, modification of charge (other than those related to debentures)  
2  Form CHG-9Application for registration of creation or modification of charge for debentures or rectification of particulars filed in respect of creation or modification of charge for debentures
3FORM ADT-1Information to the Registrar by company for appointment of auditor
4FORM INC-22Notice of Situation or Change of situation of Registered Office of the Company
5FORM NDH-3Return of Nidhi Company for the half year ended
6FORM FC-4Annual Return of a Foreign Company
7FORM MSC-3
Return of dormant companies  
8FORM INC-27
Conversion of public company into private company or private company into public company  
9FORM NDH-2Application for extension of time
10
FORM-IEPF-3  
Statement of shares and unclaimed or unpaid dividend not transferred to the Investor Education and Protection Fund
11FORM AOC-4Form for filing financial statement and other documents with the Registrar
12FORM AOC-4 NBFC
Form for filing financial statement and other documents with the Registrar for NBFCs  
13FORM AOC-4 XBRLForm for filing XBRL document in respect of financial statement and other documents with the Registrar
14FORM MGT-7Form for filing annual return by a company.
15LLP Form 3Information with regard to limited liability partnership agreement and changes, if any, made therein
16LLP Form-11Annual Return of Limited Liability Partnership (LLP)
17FORM DIR-11Notice of resignation of a director to the Registrar
18FORM MGT-14  Filing of Resolutions and agreements to the Registrar
19FORM INC-20ADeclaration for commencement of business
20
FORM MGT-15  
Form for filing Report on Annual General Meeting
21FORM PAS-6Reconciliation of Share Capital Audit Report (Half-yearly)
22
FORM AOC-4 CFS NBFC  
Form for filing consolidated financial statements and other documents with the Registrar for NBFCs
23FORM AOC-4 CFSForm for filing consolidated financial statements and other documents with the Registrar
24
FORM FC-1
Information to be filed by Foreign company
25FORM FC-2
Return of alteration in the documents filed for registration by foreign company  
26
FORM PAS-3  

Return of allotment  
27FORM MR-1Return of appointment of MD/WTD/Manager
28FORM INC-4
One Person Company- Change in Member/Nominee  
29
FORM INC-6  

One Person Company- Application for Conversion  
30Form IEPF-5 eVerification ReportCompany eVerification Report
31
FORM INC-20  
Intimation to Registrar of revocation/surrender of license issued under section 8
32FORM NDH-4Application for declaration as Nidhi Company and for updation of status by Nidhis
33FORM IEPF-4Statement of shares transferred to the Investor Education and Protection Fund
34
FORM GNL-3  

Details of persons/directors/charged/specified  
35FORM MGT-6Persons not holding beneficial interest in shares
36FORM GNL-2Form for submission of documents with the Registrar
37FORM ADT-3                                                                                                
Notice of Resignation by the Auditor  
38FORM DIR-12Particulars of appointment of Directors and the key managerial personnel and the changes among them
39FORM SH-11Return in respect of buy-back of securities
40FORM CRA-4Form for filing Cost Audit Report with the Central Government.

Takeaway

By passing above mentioned circulars Ministry granted relaxations to various stakeholders on levy of additional fees for filing of various forms under Companies Act 2013 and LLP Act 2008. Forms listed from Serial number 19 to Serial number 40 are recently added to the list by Ministry of Corporate Affairs on 28th day of May 2021.

It is to be notes those other remaining forms, except the ones listed above having due date between 01.04.2021 to 31.05.2021 shall not be allowed benefit of waiver of additional fees up to 31.07.2021.

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Neelansh Gupta is a dedicated Lawyer and professional having flair for reading & writing to keep himself updated with the latest economical developments. In a short span of 2 years as a professional he has worked on projects related to Drafting, IPR & Corporate laws which have given him diversity in work and a chance to blend his subject knowledge with its real time implementation, thus enhancing his skills.

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