MCA facilitates compliance and issues additional fee waiver – Corporate / Commercial law


India: MCA facilitates compliance, issues additional fee waiver

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Due to the current pandemic affecting the country, the Ministry of Commercial Affairs (MCA), through its multiple circulars, has granted relaxation on the levying of additional fees for the filing of forms to be made by businesses and companies to limited liability (LLP).

The MCA has added a few forms in addition to the specified full list of forms (captured by previous circulars), the additional fees of which will be removed as a continuation of circulars 06/2021 and 07/2021.

The list now includes the following forms:

Form ID Description of the form
Form CHG-1 Application for registration of charge creation and modification (other than those related to debentures)
Form CHG-9 Request to Record the Creation or Modification of the Charge of the Debentures, or the Correction of Disclosures Filed in Respect of the Creation or Modification of the Charge of the Debentures
Form ADT-1 Information concerning the appointment of an auditor by a company to be sent to the Registrar
Form INC-22 Notice of situation or change of situation of the company’s head office
NDH-3 Form Return of Nidhi Company for the closed semester
Form FC-4 Annual declaration of a foreign company
Form MSC-3 Return of dormant companies
Form INC-27 Conversion from Public Company to Private Company or Private Company to Public Company
NDH-2 Form Request for an extension of time to the regional director for non-compliance with the relevant clauses of the Nidhi rules, 2014
Form-IEPF-3 Statement of unclaimed or unpaid shares and dividends not transferred to the Investor Protection and Education Fund
Additions to May 21, 2021
Form AOC-4 Form for filing financial statements and other documents with the registrar
Form AOC-4 NBFC Form for filing financial statements and other documents with NBFC Registrar
Form AOC-4 XBRL XBRL Financial Statements and Other Documents Filing Form with Registrar
Form MGT-7 Form for filing annual declarations by a company
LLP Form 3 Information regarding the LLP agreement and modifications (if applicable)
Form 11 Annual return of an LLP
Form DIR-11 Notice of resignation of director to registrar
Form MGT-14 Filing of resolutions and agreements with the registrar
Additions to May 25, 2021
Form INC-20A Declaration of business creation
Form MGT-15 Annual General Meeting Report Form
PAS-6 form Reconciliation of the share capital audit report (half-yearly)
Form AOC-4 CFS Form for filing consolidated financial statements and other documents with the Registrar
Form AOC-4 CFS NBFC Form for filing consolidated financial statements and other documents with NBFC Registrar
Additions to May 28, 2021
Form FC-1 Information to be filed by a foreign company
Form FC-2 Return of modification in the documents filed for registration by a foreign company
PAS-3 form Return attribution
Form MR-1 Resumption of the appointment of CEO / full-time director / manager
Form INC-4 One-person company – Change of members / nominees
Form INC-6 One-person business – Conversion request
Form IEPF-5 Electronic Company Audit Report
Form INC-20 Notice to Registrar regarding revocation / surrender of a license issued under section 8
NDH-4 Form Request for declaration as a Nidhi company and status update by Nidhis
Form IEPF-4 List of shares transferred to the Investor Protection and Education Fund
GNL-3 form Details of persons / directors / accused / specified under section 2 (60) of the Companies Act 2013
Form MGT-6 Persons not holding a beneficial interest in the shares of an Indian company
GNL-2 form Form for filing documents with the Registrar.
Form ADT-3 Notice of resignation of the auditor
Form DIR-12 Details of the appointment of directors and key management personnel as well as changes among them
Form SH-11 Return on share repurchase
CRA-4 form Central government cost audit report submission form.

No other form than those mentioned above can benefit from a reduction in additional costs. Going forward, corporations and limited liability companies will have to pay additional fees for late filing, as prescribed by law, in the event that filings are completed after the due date.

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

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