ROC Filings & Holding of Board Meeting Relaxation Due to Covid-19

On 3rd May 2021, the ministry of corporate affairs has provided 3 circulars so as to give relief due to covid from compliance beneath companies act 2013 towards ROC Form filings and holding of the board meetings.

Circular 1: Maximum Gap Among Two Board Meetings

In between the 2 board meetings the MCA has prolonged the gap by 60 days for 1st two quarters of the fiscal year 2021-22. As per that the gap amid 2 consecutive board meetings might be prolonged to 180 days in April to June and July to August quarters.

For example: if the 120 gap of board meeting falls from 1/04/2021 to 30/09/2021 then the highest gap of the board meeting will be acknowledged as 180 days.

For example: if 120 gets finished on 30 April then 180 days will be acknowledged till 30th June.

Circular 2: Relaxation in Additional Fees for Filing of Form Post to the Due Date

According to the circular if the last date of any form (except CHG-1, CHG-4, and CHG-9) comes in between 1/04/2021 to 30/05/2020 then those forms can be furnished excluding any other fees till 31/July/2021.

For example: 30/04/2021 is the last date for MSME-1. This filing date comes beneath the above dates thus this can be furnished till 31/07/2021.

Circular 3: Relaxation in Time for Filing of Charge Related Form Post to the Due Date

1. Applicability:

According to the provisions of Section 77 of Companies Act, 2013 form CHG-1 and CHG-9 towards the making and amendment of charge required to be furnished in a maximum of 120 days from the development or amendment.

Circular will be applied in the mentioned way:

Part I: if the date of making or amendment of charge is prior to 1/04/2021.

If the date of making or amendment of charge is prior to 1/04/2021 however the timeline for furnishing of these forms is not expired beneath Section 77 (i.e. 120 days) since April 01, 2021.

Example: The charge made or amended prior to 1st April 2021 but since 1st April 2021, one hundred twenty days 120 days has not lapsed.

In other terms we can state that charge is made or amended on or after 2/Dec/2020 is subjected to the policy.

Part-II: if the date of making or amendment of charge is from April 01, 2021, to May 31, 2021.

If the date of making or amendment of charge is from April 01, 2021, to May 31, 2021, then all these forms will come beneath the policy.

Example: If the charge made or amended post 1st April 2021 then the policy is also subject to apply in all these forms.

2. Relaxation of TIME/ FEE Under Scheme:

Part I: If the date of making or alteration of charge is before April 01, 2021.

Timeline: The duration starts from April 01, 2021, and closed on May 31, 2021, will not be computed for the purpose of furnishing the form u/s 77 & 78. In case the form has not furnished till 31st May 2021 then the 1st-day post to March 31, 2021, will be 01, June 2021.

Example: According to the policy If the charge made or revised on 14th Feb 2021 then what will be the last date

From the above provision, the highest time for furnishing the form is 120 days. Till 31st March 2021/45 days have passed. The left days were 75.

• If the company files the form from 1st April to 31st May then as form furnished post 30 days but prior to 60 days that is 45 days on 31 March, thus the firm is needed to furnish the normal fees along with some additional fees.
• If the firm furnishes for form till May 31, then June 1, will be recognized as the 46th day for the purpose of fees payable on Charge Form.

Fees: If the organization files the form from April 01 to May 31 then the liable fees on these forms as of 31st March is needed to be furnished by 31 May.
If the firm furnishes the form till 31 May then 01 June will be recognized as the subsequent day of 31 March towards the payable fees upon the charge Form.

Part II: If the date of making or revision of charge is from April 01, 2021, to May 31, 2021.

• The duration which starts from 1st April 2021 and closes on 31st May 2021 will not be calculated for the purpose of furnishing the form u/s 77 & 78.
• If the Form does not furnish till 31st May 2021 then 1st June will be the first day to compute 120 days u/s 77.

MCA Relief on e-form Furnishing in Between 3rd May 2021

On 3rd May 2021, the Ministry of Corporate Affairs has circulated the declaration for the relief due to covid as per the companies act 2013 for furnishing the particular form with ROC. rather than publishing the form any form posing the last date from 01st April 2021 to 30th May 2021 can be file till 31st July 2021. (Due date of CHG-1, CHG-4, and CHG-9 are not prolonged through this circular).