Companies Fresh start scheme 2020, How to save penalties!
Companies Fresh start scheme 2020 COVID 19 has brought in some major changes to way compliance happen in the country this the best chance to get all the compliance in order
The penalty for not Fling of RoC Returns/Annual Returns is running from Rs 100 per day perform imagine if the compliance has not been done for 2 years or 3 years, the penalty would be very steep
CFSS 2020 was launched by the Ministry of Corporate Affairs is a blessing for all companies how have not filed or defaulting companies to file belated Documents and Returns without any additional fees and immunity from Prosecution
Applicability of the Companies Fresh start scheme 2020
Any company which has made default in ROC related compliances can make use of this scheme which shall be applicable from 01st of April, 2020 to 30th of September, 2020.
The list comprises a total of 76 forms out of which 10 forms relate to Companies Act,1956 and 12 forms relate to LLP and remaining 54 forms relate to Companies Act,2013. The complete list can be found in below notice by MCA http://www.mca.gov.in/Ministry/pdf/CFSS2020_02042020.pdf
Non-Applicability
The above scheme can’t be availed by the following LLPs/companies: –
- Companies already struck off
- Companies under process of striking off
- Companies which have been voluntary application for striking off
- Companies which have applied for Dormant Status
- Companies already amalgamated
- Vanishing companies
- Where increase in Authorised Capital and charge related documents are involved
Any defaulting company is allowed to file belated documents that were due for filing on any given date in accordance with the provisions of this scheme.
Companies Fresh start scheme 2020 is not applicable to:
- Companies against which action for strike-off has been initiated u/s 248 of Companies Act
- Companies which have filed an application for action of striking off the name from Register.
- Companies that have amalgamated under a scheme of arrangement/compromise under the Act.
- Companies which have filed an application for ‘Dormant Status’
- Vanishing Companies.
- Where an increase in authorized capital is involved and charge related documents.
LIST OF FORMS THAT ARE COVERED UNDER THE SCHEME COMPANIES FRESH START SCHEME 2020
**CA 1956 = Companies Act 1956 , CA 2013 = Companies Act 2013
Companies Fresh start scheme 2020
| S.No. | Act | Form No. | Form Description |
|
1 |
CA 1956 |
20B |
Annual Return. |
| 2 | CA 1956 |
21A |
Annual Return for company having no share
capital. |
| 3 | CA 1956 | 23B | Notice by Auditor. |
| 4 | CA 1956 | 23C | Appointment of Cost Auditors. |
| 5 | CA 1956 |
23D |
Information by Cost Auditor to Central
Government. |
| 6 | CA 1956 |
23AC |
Filing Balance Sheet and other
documents with the Registrar |
| 7 | CA 1956 |
23AC- XBRL |
Form for filing XBRL document in respect of Balance Sheet and other documents with
the Registrar. |
| 8 | CA 1956 |
Form 66 |
Form for submission of Compliance
Certificate. |
| 9 | CA 1956 |
I-XBRL |
Form for filing XBRL document in respect
of Cost Audit Report and other documents with the Central Government. |
|
10 |
CA 1956 |
A-XBRL |
Form for filing XBRL document in respect
of compliance report and other documents with the Central Government. |
| 11 | CA 2013 | INC-4 | Intimation for Change in Member/Nominee. |
| 12 | CA 2013 |
INC-5 |
One Person Company-Intimation of
exceeding threshold. |
| 13 | CA 2013 |
INC-6 |
One Person Company–Application for
Conversion. |
| 14 | CA 2013 |
INC-12 |
Application for grant of License under
section 8. |
| 15 | CA 2013 |
INC-20 |
Intimation to Registrar of revocation/surrender of license issued under
section 8. |
| 16 | CA 2013 | INC-20A | Declaration for Commencement of Business. |
| 17 | CA 2013 |
INC-22 |
Notice of Situation or Change of situation of
Registered Office of the Company. |
| 18 | CA 2013 | INC- 22A(ACTIV
E) |
Active Company Tagging Identities and Verification (ACTIVE). |
| 19 | CA 2013 |
INC-27 |
Conversion of Public Company into Private Company or Private Company into Public
Company |
| 20 | CA 2013 |
INC-28 |
Notice of Order of the Court or Tribunal or
any other competent authority. |
| 21 | CA 2013 | PAS-3 | Return of allotment. |
| 22 | CA 2013 | SH-11 | Return in respect of Buy-Back of securities. |
| 23 | CA 2013 | DPT-3 | Return of Deposits. |
| 24 | CA 2013 |
DPT-4 |
Statement regarding deposits existing on the
commencement of the Act. |
| 25 | CA 2013 |
MGT-6 |
Return to the Registrar in respect of
declaration under section 89 received by the company. |
| 26 | CA 2013 | MGT-7 | Annual Return. |
| 27 | CA 2013 |
MGT-10 |
Changes in shareholding position of
promoters and top ten shareholders. |
| 28 | CA 2013 |
MGT-14 |
Filing of Resolutions and agreements to the
Registrar under section 117. |
| 29 | CA 2013 |
MGT-15 |
Form for filing Report on Annual General
Meeting. |
| 30 | CA 2013 |
AOC-4 |
Form for filing Financial Statement and other
documents with the Registrar. |
| 31 | CA 2013 |
AOC-4 CFS |
Form for filing Consolidated Financial Statements and other documents with the
Registrar. |
| 32 | CA 2013 |
AOC- 4(XBRL) |
Form for filing XBRL document in respect of Financial Statement and other documents
with the Registrar. |
| 33 | CA 2013 | AOC-4
(NBFC) (IND-AS) |
Form for filing Financial Statement and other documents with the Registrar for NBFCs. |
| 34 | CA 2013 | AOC-4 CFS (NBFC)
(IND-AS) |
Form for filing Consolidated Financial Statements and other documents with the
Registrar for NBFCs. |
| 35 | CA 2013 |
AOC-5 |
Notice of address at which books of account
are maintained. |
| 36 | CA 2013 |
ADT-1 |
Information to the Registrar by company for
appointment of auditor. |
| 37 | CA 2013 |
ADT-2 |
Application for removal of auditor(s) from
his/their office before expiry of term. |
| 38 | CA 2013 | ADT-3 | Notice of Resignation by the Auditor. |
| 39 | CA 2013 |
DIR-3C |
Intimation of Director Identification Number
by the company to the Registrar. |
| 40 | CA 2013 | DIR-3
KYC/Web form |
Application for KYC of Directors. |
| 41 | CA 2013 |
DIR-11 |
Notice of resignation of a Director to the
Registrar. |
| 42 | CA 2013 |
DIR-12 |
Particulars of appointment of Directors and the Key Managerial Personnel and the
changes among them. |
| 43 | CA 2013 |
MR-1 |
Return of appointment of Key Managerial
Personnel. |
| 44 | CA 2013 |
MR-2 |
Form of Application to the Central Government for approval of appointment or reappointment and remuneration or increase in remuneration or waiver for excess or over payment to managing director or whole time director or manager and commission or
remuneration to Directors. |
| 45 | CA 2013 |
FC-1 |
Information to be filed by Foreign Company. |
| 46 | CA 2013 |
FC-2 |
Return of alteration in the documents filed
for registration by Foreign Company. |
| 47 | CA 2013 |
FC-3 |
Annual accounts along with the list of all principal places of business in India
established by Foreign Company. |
| 48 | CA 2013 | FC-4 | Annual Return of a Foreign Company. |
| 49 | CA 2013 | NDH-1 | Return of Statutory Compliances. |
| 50 | CA 2013 | NDH-2 | Application for extension of time. |
| 51 | CA 2013 |
NDH-3 |
Return of Nidhi Company for the half year
ended. |
| 52 | CA 2013 |
NDH-4 |
Application for declaration as Nidhi
Company and for updation of status by Nidhis. |
| 53 | CA 2013 |
MSC-1 |
Application to ROC for obtaining the status
of dormant company. |
| 54 | CA 2013 | MSC-3 | Return of dormant companies. |
| 55 | CA 2013 |
CRA-2 |
Form of Intimation of appointment of Cost Auditor by the company to Central
Government. |
| 56 | CA 2013 |
CRA-4 |
Form for filing Cost Audit Report with the
Central Government. |
| 57 | CA 2013 |
BEN-2 |
Return to the Registrar in respect of
declaration under section 90. |
| 58 | CA 2013 |
GNL-2 |
Form for submission of documents with the
Registrar. |
| 59 | CA 2013 |
GNL-3 |
Particulars of person(s) or key managerial personnel charged or specified for the purpose of sub-clause (iii) or (iv) of clause
60 of section 2. |
| 60 | CA 2013 |
IEPF-1 |
Statement of amounts credited to the Investor
Education and Protection Fund. |
| 61 | CA 2013 | IEPF-2 | Statement of unclaimed or unpaid amounts. |
| 62 | CA 2013 |
IEPF-3 |
Statement of shares and unclaimed or unpaid dividend not transferred to the Investor
Education and Protection Fund. |
| 63 | CA 2013 |
IEPF-4 |
Statement of shares transferred to the
Investor Education and Protection Fund. |
| 64 | CA 2013 |
IEPF-5 e- verification report |
Application to the authority for claiming unpaid amounts and shares out of Investor Education and Protection Fund (IEPF)–E-
verification report. |
| 65 | CA 2013 |
IEPF-6 |
Statement of unclaimed or unpaid amounts to be transferred to the Investor Education and
Protection Fund. |
| 66 | CA 2013 |
IEPF-7 |
Statement of amounts credited to IEPF on
account of shares transferred to the fund. |
| 67 | LLP |
FORM 3 |
Information with regard to Limited Liability Partnership agreement and changes, if any,
made therein. |
| 68 | LLP |
FORM 4 |
Notice of appointment, cessation, change in name/ address/designation of a designated partner or partner and consent to become a
partner/designated partner. |
| 69 | LLP |
FORM 5 |
Notice for change of name. |
| 70 | LLP | FORM 8 | Statement of Account & Solvency. |
| 71 | LLP |
FORM 11 |
Annual Return of Limited Liability
Partnership (LLP) |
| 72 | LLP |
FORM 12 |
Form for intimating other address for service
of documents. |
| 73 | LLP |
FORM 15 |
Notice for change of place of registered
office. |
| 74 | LLP |
FORM 22 |
Notice of intimation of Order of Court/ Tribunal/CLB/ Central Government to the
Registrar. |
| 75 | LLP |
FORM 23 |
Application for direction to Limited Liability Partnership (LLP) to change its name to the
Registrar. |
| 76 | LLP |
Form 27 LLP |
Form for registration of particulars by
Foreign Limited Liability Partnership (FLLP) |
| 77 | LLP | Form 29 LLP | Notice of (A) alteration in the certificate of incorporation or registration; (B) alteration in names and addresses of any of the persons authorised to accept service on behalf of a foreign limited liability partnership (FLLP)
(C) alteration in the principal place of business in India of FLLP (D) cessation to have a place of business in India. |
| 78 | LLP |
FORM 31 |
Application for compounding of an offence
under the Act. |
Immunity certificate
An application has to be filed in respect of belated documents filed under the Scheme, electronically through Form CFSS-2020.
Such an application has to be filed within 6 months from the closure of the Scheme to give effect to the Immunity.
Based on the application above, an Immunity Certificate shall in respect of documents filed under this Scheme be issued by the concerned authority.
Effect of Immunity
Once the Immunity Certificate has been issued, the Designated Authority shall withdraw the prosecution(s) pending before concerned courts as well as the proceedings of adjudication of penalties.
However, this immunity shall not be applicable in the matter of any appeal as well as management disputes of the company pending, before any court of law.
For any clarification on Companies Fresh Start Scheme 2020, please contact virtual Auditor on 9962260333/ 9092133000
