Effective date of Scheme

01.04.2020 and shall remain in force upto 30.09.2020

Applicability of Scheme

“Any defaulting Company” who has made default in filing of any statutory documents with MCA 21 within the prescribed time limit.

Fees payable on filing belated document

Only Normal fees as prescribed under Companies (Registration Offices and Fee) Rules, 2014.

Immunity from prosecution

Immunity from any prosecution or proceedings for imposing penalty only to the extent such prosecution or proceeding pertain to any delay associated with filing of belated documents.

Any other consequential proceedings, including proceedings involving interests of shareholder or any other person would not be covered.

Provided that no immunity applicable in following cases:

• From appeal pending before any court of law,
• In case of management disputes pending before any court of law or tribunal,
• Any court has ordered conviction in any matter or an order imposing penalty, and no appeal has been preferred against such orders before commencement of the scheme.

Manner of filing application for seeking immunity in respect of the documents filed under the scheme

Application to be filed electronically in Form CFSS-2020 without any fee, within 6 months from the date of closure of the scheme.

Withdrawal of appeal against any prosecution launched

a)      If defaulting company has filed any appeal before a competent court against any notice or order issued by adjudicating authority in respect of violation of provisions related to such belated filings, the applicant shall withdraw the appeal before availing the scheme and furnish proof of such withdrawal along with the application for issue of immunity certificate.

b)      If no appeal has been made before RD u/s 454(6) against any order or notice issued and penalties were imposed, then:

• Additional 120 days allowed for filing of appeal before RD, if last date for filing appeal falls between 01.03.2020 to 31.05.2020,
• During such additional period, no prosecution as mentioned u/s 454(8) shall be initiated for non-compliance of the order.

Granting of Immunity

Immunity certificate shall be issued by concerned ROC based on the declaration made in the form CFSS-2020.

Effect of immunity

Withdrawal of pending prosecution by designated authority without any further action, other than order of conviction and order imposing penalty as mentioned above.

For Inactive companies

Defaulting inactive companies has provided with following options along with filing of due documents under CFSS-2020:

• Filing of application for status of dormant company as per Section 455, or
• Apply for striking off in form STK-2 at nominal fee.

Non- applicability of the scheme

Scheme shall not apply in following cases:

• Companies against which action for final notice for striking off u/s 248 has already been initiated,
• Companies for which application for striking-off the name has been filed,
• Companies which have amalgamated under scheme of compromise or arrangement
• Companies for which application for obtaining status of dormant company has been filed,
• Vanishing companies,
• Charge related documents (CHG-1, CHG-4, CHG-8 and CHG-
• Involvement of increase in authorized capital (SH-7)