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TMI BlogCompanies Fresh Start Scheme, 2020X X X X Extracts X X X X X X X X Extracts X X X X ..... e annual statutory compliance by filing the Annual Return and Financial Statements. Apart from this, various other statements, documents, returns, etc are required to be filed on the MCA21 electronic registry within prescribed time limits. Filing fees for filing such statements, documents, returns, etc is governed by section 403 of the Companies Act, 2013 read with Companies (Registration Offices and Fees) Rules 2014. 3. The Ministry has received representations from various stakeholders requesting for grant of one-time opportunity, so as to enable them to complete their pending compliances by filing necessary documents in the MCA-21 registry including annual filings without being subject to a higher additional fees on account of any delay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (where ever applicable); (b) "Company" means a company as defined in clause (20) of section 2 of the Companies Act, 2013; (c) "defaulting company means a company defined under the Companies Act, 2013, and which has made a default in filing of any of the documents, statement, returns, etc including annual statutory documents on the MCA-21 registry. (d) "Designated authority" means the Registrar of Companies having jurisdiction over the registered office of the company; (e) "Immunity certificate' means the certificate referred to in subparagraph of paragraph 6 of the Scheme; (f) "inactive Company means a company as defined in Explanation (i) to sub-section (1) of section 455(1) of the Companies Act, 2013; (iii) Applicability ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he money raised through private placement prior to the filing of the return with the registry. (v) Withdrawal of appeal against any prosecution Lunched or the proceedings for imposing penalties initiated: If the defaulting company. with respect to any statutory filing under the Act, or its officer in default. as the ease may be, has filed any appeal against any notice issued or complaint filed or an order passed by a court or by an adjudicating authority under the Act. before a competent court or authority for violation of the provisions under the Companies Act. 1956 and/or Companies Act. 2013, in respect of which the application is made under this scheme, the applicant shall before filing an application for issue of immunity certificate, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nically in the Form CFSS-2020 annexed, after closure of the Scheme and after the document(s) are taken on file, or on record or approved by the Designated authority as the case may be but not after the expiry of six months from the date of closure or the Scheme. There shall not be any fee payable on this Form. Provided that this- immunity shall not applicable in the matter of any appeal pending before the court of law and in case of management disputes of the company pending before any court or law or tribunal: Provided also that no immunity shall provided in case any court has ordered conviction in any matter, or an order imposing penalty has been passed by an adjudicating authority under the Act. and no has been preferred against such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... b-paragraph (vii) of paragraph 6 of this Scheme, in respect of defaults against which immunity has been so granted shall be deemed to have been completed without any further action on the part of the Designated authority; (xi) Scheme for Inactive Companies: The defaulting inactive companies. while filing due documents under CFSS-2020 can, simultaneously, either: a. apply to get themselves declared as Dormant Company under section 455 of the Companies Act, 2013 by filing e-form MSC-1 at a normal fee on said form; or b. apply for striking off the name of the company by filing e-Form STK-2 by paying the fee payable on form STK-2. 7. At the conclusion of the Scheme, the Designated authority shall take necessary action under the Act agai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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