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01 June 2021
MCA Eases Compliance, Issues Waiver of Additional Fees
 
Due to the current pandemic affecting the country, the Ministry of Corporate Affairs (MCA), through its multiple circulars, has granted relaxations on the levy of additional fees for form filings to be carried out by companies and Limited Liability Partnerships (LLPs).
 
The MCA has added a few forms in addition to the specified comprehensive list of forms (captured by previous Circulars), whose additional fees will be waived off in continuation with Circular no 06/2021 and 07/2021.
 
The list now includes the following forms:

 
Form ID Form description
Form CHG-1 Application for registration of creation and modification of charge (other than those related to debentures)
Form CHG-9 Application for registration of creation or modification of charge for debentures, or rectification of particulars filed with respect to creation or modification of charge for debentures
Form ADT-1 Information regarding 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 Registered Office of the company
Form NDH-3 Return of Nidhi Company for the half-year ended
Form FC-4 Annual Return of a Foreign Company
Form MSC-3 Return of Dormant Companies
Form INC-27 Conversion of Public Company into Private Company or Private Company into Public Company
Form NDH-2 Application for Extension of Time to the Regional Director for not complying the relevant clauses of The Nidhi Rules, 2014
Form-IEPF-3 Statement of shares and unclaimed or unpaid dividend not transferred to the Investor Education and Protection Fund
Additions as on 21 May 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 the Registrar for NBFCs
Form AOC-4 XBRL Form for filing the XBRL document with respect to financial statements and other documents with the Registrar
Form MGT-7 Form for filing Annual Returns by a company
LLP Form 3 Information regarding the LLP agreement and changes (if any)
LLP Form-11 Annual Return of an LLP
Form DIR-11 Notice of resignation of a Director to the Registrar
Form MGT-14 Filing of resolutions and agreements to the Registrar
Additions as on 25 May 2021
Form INC-20A Declaration for Commencement of Business
Form MGT-15 Form for filing a Report on the Annual General Meeting
Form PAS-6 Reconciliation of 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 the Registrar for NBFCs
Additions as on 28 May 2021
Form FC-1 Information to be filed by a Foreign Company
Form FC-2 Return of alteration in the documents filed for registration by a Foreign Company
Form PAS-3 Return of allotment
Form MR-1 Return of appointment of Managing Director/Whole-Time Director/Manager
Form INC-4 One Person Company - Change in Members/Nominees
Form INC-6 One Person Company - Application for Conversion
Form IEPF-5  Company eVerification Report
Form INC-20 Intimation to Registrar regarding a revocation/surrender of a license issued under Section 8
Form NDH-4 Application for declaration as Nidhi Company and for updation of status by Nidhis
Form IEPF-4 Statement of shares transferred to the Investor Education and Protection Fund
Form GNL-3 Details of persons/directors/charged/specified under Section 2(60) of the Companies Act, 2013
Form MGT-6 Persons not holding beneficial interest in shares of an Indian Company
Form GNL-2 Form for submission of documents with the Registrar.
Form ADT-3 Notice of Resignation by the Auditor
Form DIR-12 Particulars of appointment of Directors and key managerial personnel as well as changes among them
Form SH-11 Return regarding buy-back of securities
Form CRA-4 Form for filing Cost Audit Report with the Central Government.

No forms other than the ones mentioned above can avail a relaxation of additional fees. Going forward, companies and LLPs will have to pay additional fees in case of late filings as prescribed under the Act, in case filings are completed after the due date.
 
Our Comments

The MCA has listed out additional forms in continuation to the previous ones, so as to waive off any additional fees in cases where companies and LLPs were unable to file the above-mentioned forms on or before the respective due date.
 
This initiative will provide more opportunities for companies and LLPs to be compliant in this regard. This notification will reduce the compliance burden to corporate India during the COVID-19 second wave and will help companies in maintaining compliance without any additional charges to be paid.

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