RELAXATION IN THE TIME LINES FOR FILINGS THE CHARGE FORMS
References:
1)
Circular
No 23/2020 dated 17th June, 2020
2)
Circular
No.12/2020 dated 30th March, 2020
3)
Section
77 and 78 of Companies Act, 2013 read with Companies (Registration
of Charges) Rules, 2014
The Ministry of Corporate Affairs
(MCA) in response to the representations from various stakeholders launched the
FRESH START SCHEME through the
circular dated 30th March, 2020.
As per
this scheme, all the defaulting companies would get an opportunity to
file belated documents (such as Annual Return, Financial Statements etc ) on
the MCA21 Electronic registry without being subject to a higher additional fees
on account of any delay.
But this scheme does not solve the purpose of filing belated
charge related documents.
Therefore, the stakeholders once again
made the representations to MCA to
provide relaxations with regard to charge related documents as well as this are
tough time in COVID 19. Then, MCA vide a circular dated 17th June ,
2020 come up with a scheme for
relaxation of time for filing forms related to creation or modification of
charges under the Companies Act,2013.
APPLICABILITY OR
AVAILABILITY OF THE SCHEME:
The
scheme is available to file two forms i.e. CHG-1 and CHG-9 i.e. for creation
and modification of Charge
If
a particular company had created or modified any charge before 01.03.2020 and
the due date for filing the forms also lies before 01.03.2020. Then, it would
not be eligible for any relaxations provided in the concerned circular.
But,
if a company has created or modified any charge between 01.03.2020 to
30.09.2020 and the due date for filing the forms also lies after
01.03.202.Then, it would be eligible for the relaxations provided in the
concerned circular.
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CHARGE
CREATED OR MODIFIED BEFORE 01.03.2020 |
CHARGE
CREATED OR MODIFIED BETWEEM 01.03.2020 TO 30.09.2020 |
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