MCA Relaxations due to COVID 19 in filing various forms- issues general notification dated 03.05.2021.

It has been more than a year but the COVID situation is getting even worse. People are struggling to survive in this grieving pandemic. Lives of people including businesses at large have continued to be at stake. Hence, stakeholders made numerous requests and representations to the Ministry of corporate affairs for providing relief and relaxation in late fees for filing certain forms. Keeping in view such representations, the MCA has come up with certain relaxations for the stakeholders that includes extensions in the due date for filing certain forms, relaxation in charge related forms and extension in the period of board meeting. MCA issued a general notification in this regards on 03.05.2021.

MCA issued general circular number, 06/2021 and 07/2021 on 3rd May, 2021 allowing stakeholders to file various forms due for filing during 01/04/2021 to 31/05/2021 under the companies act, 2013 and LLP Act, 2008 by 31st July 2021 without payment of additional fees. In this article let us discuss this notifications in detail.

Suggested Read: Important statutory due dates for the LLP annual filing

MCA grants Relaxation of time for filing certain forms under the Companies Act, 2013 and LLP Act 2008

• After receiving the representations about the difficulties arising on account of COVID 19 related restrictions and disruption, the MCA has examined the situation and taken in to consideration the said difficulties that arose due to COVID 19 Pandemic and decided to grant extension in due date for filing certain forms (other than charge related forms).
• The relaxation has been given to the stakeholders on levy of additional fees for filing of various forms due for filing during 1st April, 2021 to 31st May, 2021. under the Companies Act, 2013 and LLP Act, 2008 / Rules made thereunder.
• MCA has decided to grant extension in filing forms till 31st July, 2021 for companies / LLPs to file such forms without any additional fees. That means LLP Form 11 can be filed without any additional fees till 31st July, 2021. (The original Due date is 31.05.2021).
• However, Form CHG-1, Form CHG-4 and Form CHG-9 are excluded from such relaxation.
• Hence, for delayed forms other than the charge related forms mentioned above, no additional fees shall be levied up to 31st July, 2021 which were / would be due for filing between 1st April, 2021 to 31st May, 2021.
• For such delayed filings of forms up to 31st July, 2021 only normal fees shall be payable.

Download: PDF of the MCA circular no. 06/2021

Relaxation in time for filing of Charge related form after the due date  

• The relaxation has been provided for filing of Form CHG-1 and Form CHG-9, Where the date of creation / modification of charge is before 01.04.2021 but the time period for filing such form had not expired as on 1st April, 2021 or the date is falling on any of the dates between 01.04.2021 to 31.05.2021 inclusive of both the dates.
• The period from 01.04.2021 to 31.05.2021 shall not be reckoned for the purpose of filing these forms under section 77 and 78.
• In case the form is not filed till 31st May 2021, the first day after 31st March, 2021 shall be considered as 1st June, 2021.
• If the company files the charge related forms between 1st April, 2021 to 31st May 2021, then the fees applicable on such form as on 31st March shall required to be paid till May 31.
• However, if the company files form till 31st May, then 1st June shall be considered as the next day of 31st Match, for the purpose of the fees payable on the forms related to Charge.
• However, nothing contained in the said circular shall be applicable in the following conditions.

1. If before the date of issue of this circular, Form CHG-1 and CHG-9 has already been filed.
2. Despite the exclusion of the time provided as above, the timeline for filing the form expires at some future date
3. Also, nothing contained in the said circular shall apply to the filing of Form CHG-4 for satisfaction of charge.

Download: PDF of the said circular no. 07/2021

Extension in the gap between the two board meetings

• MCA issued a notification and extended the gap between the two Board Meetings by 60 days for the first 2 quarters i.e. April to June and July to August of the FY 2021-22.
• Hence, the gap between the 2 consecutive Board Meetings can be extended to 180 days during the first 2 quarter of the current financial year.

Download: PDF of the said circular no. 08/2021