This Scheme shall be applicable on any “Defaulting Company” and shall be commenced from 01st of April, 2020 till the 30th September, 2020 and permitted to file all belated documents which were due for filing without any Additional Fees except two documents and out of which, some permitted documents are as follows:
- ANNUAL FORMS :
- AOC-4 : Financial Statements
- MGT-7 : Annual Return
- EVENT BASED FORMS :
- INC-20A (Declaration for commencement of business)
- INC-22A (Active Company Tagging Identities and Verification (ACTIVE))
- ADT-1 (Appointment of Auditor)
- PAS-3 (Return of Allotment)
- MGT-14 (Filing of Resolutions and agreements to the Registrar)
- DIR-12 (Particulars of appointment of Directors and the key managerial personnel and the changes among them)
- FORMS ON WHICH THIS SCHEME IS NOT APPLICABLE :
- (CHG-1, CHG-4, CHG-8 and CHG-9) – Charges related documents
- (SH-7) – Increase in Authorised Share Capital
BENEFITS OF CFSS SCHEME
- Condonation of all Additional fee for filing of Belated Filing documents;
- Granting of Immunity from the Prosecution;
- Granting of Immunity from the Proceedings for imposing penalty;
- ROC shall withdrawal the all proceedings of adjudication of penalties u/s 454.
(Note: Immunity from Prosecution and Proceeding shall be provided only to the extent such prosecution or the proceedings for imposing penalty under the Companies Act pertain to any delay associated with the filings of belated documents. Any other consequential proceedings, including any proceedings involving interests of any shareholder or any other person qua the company or its directors or key managerial personnel would not be covered by such Immunity)
NON APPLICABILITY OF CFSS SCHEME
- To Vanishing Companies.
- Companies against which action for final notice for striking off the name u/s 248 of the act have already been initiated by the Designated Authority.
- Companies which have already filed STK-2 for strike off of Company with ROC.
- Companies which have amalgamated.
- Companies which has already filed application for obtaining Dormant Status.
- Company having any appeal which is pending before the Court of law.
- Company having management disputes and pending before any Court of law or Tribunal.
- Companies which are convicted by any Court in any matter and no appeal has been preferred against such orders of the Court before this Scheme has come into force
- Companies upon which an order passed for imposing penalty by an adjudicating authority under the Act, and no appeal has been preferred against such orders of the Adjudicating Authority before this Scheme has come into force.
1. The defaulting company shall file their overdue documents/returns/other statements as well as statutory Annual Filing documents such as Financial Statements and Annual Returns in respective prescribed e-Forms by paying the normal statutory filing fee without any additional fee as payable as per section 403 of the Act read with Companies (Registration Offices and fee) Rules, 2014 within due immunity period.
2. The Defaulting Companies shall file the Form CFSB-2020 after making all default good as well as all filed document are taken on file or on record or approved by the Designated authority as the case may and after closure of the Scheme but not after the expiry of six months from the date of closure of the Scheme. The is NO FILING FEES of Form CFSB-2020.
3. The Form CFSB-2020 is entirely self-declaration-based form. After submission of Form CFSB-2020 and on the basis of self-declaration made by Director, the ROC will issue Immunity Certificate.