Summary of relaxation by Ministry of Corporate affairs w.r.t. ROC Compliances due to Covid-19 Pandemic

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Circular No.

Summary of Circular issued for relaxation

Original Circular

Circular No. 6/2021 dated 03.05.2021

In filing of certain forms:

 

Applicability:-
Applicable for all forms (except CHG – 1, CHG – 4 and CHG – 9) which are due for filing during 01.04.2021 to 31.05.2021 under the Companies Act, 2013 / LLP Act, 2008.
Relaxation:-
Decided to grant additional time upto 31.07.2021 without any additional fees. However, normal shall be levied / charged.

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Circular No. 7/2021 dated 03.05.2021

In filing of forms (CHG-1 and CHG-9) only:

 

Applicability:-
Applicable for CHG-1 (used for creation / modification of charge other than for debentures) and CHG-9 (used for creation / modification of charge for debentures) for which date of creation / modification falls before 01.04.2021 and the timeline for filing such forms had not expired as on 01.04.2021(i.e. 30+30+60=120 days).
OR
Date of creation / modification falls between 01.04.2021 to 31.05.2021.
[Note: This circular is not applicable for CHG-4 i.e. no relaxation for CHG-4]
Relaxation:-
Period beginning from 01.04.2021 to 31.05.2021 shall not be considered for the purpose of counting of number of days.
Fees after relaxation:-
Applicable Fees shall be calculated according to the days by adding the number of days beginning from 01st June, 2021 and ending on the date of filing plus the time period lapsed from the date of the creation of charge till 31st March, 2021.
For Example:
Charge created on 20.03.2021, Form CHG-1 filed on 15.06.2021 then fees is calculated according to the no. of days as follows:-
Days lapsed till 31.03.2021 –  11 days
From 01.04.2021 to 31.05.2021 – 0 days
Days lapsed after 31.05.2021 – 15 days
Total Days – 26 days
(Hence, as the form is filed within 30 days only normal fees shall be levied. If total days is more than 30 days then additional fees shall also be levied.)

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Circular No. 8/2021 dated 03.05.2021

In conducting the Board Meeting:

 

Applicability:-
As per Section 173: Gap between two board meetings should not be more than 120 days.
Relaxation:-
Now MCA grants exemption by granting extra 60 days for the 1st and 2nd Quarter only (Apr to June and July to Sep), So now two board meeting can be held with a gap of more than 120 days but limited to 180 days.

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