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FAQ ON COMPANIES FRESH START SCHEME, 2020 (CFSS-2020)

In order to give an opportunity to the defaulting companies to enable them to file the belated documents in the MCA-21 registry, the Central Government in exercise of powers conferred under section 460 read with section 403 of the Companies Act, 2013 has introduced a Scheme namely, Companies Fresh Start Scheme, 2020 (CFSS 2020).

The Scheme allows the defaulting companies to condone the delay in filing

     Annual return and annual accounts
   Various other statements, documents, return etc

In so far as it relates to charging of additional fee and granting of immunity from launching of prosecution or proceedings for imposing penalty on account of delay associated with these filings.

The scheme also allows the inactive companies to file a simple application with normal fees to get their companies declared as “Dormant Company” under section 455 of the Companies Act, 2013.

Q1. Is companies Fresh start scheme, 2020 applicable to all companies?
Ans: Yes it is applicable to all defaulting companies

Q2. What do you mean by defaulting company?
Ans: Company defined under Companies Act, 2013 and which has made a default in filling of:
·         Any Document,
·         Any Statement,
·         Any Return etc. including Annual Statutory Document

Q3. What is an inactive company?
Ans: Explanation (i) to Section 455(1) of the Act defines the term “Inactive Company” as “Inactive Company” means a company which has
  • not been carrying on any business or operation, OR
  • has not made any significant accounting transaction during the last two financial years, OR
  • has not filed financial statements and annual returns during the last two financial years”

Q4. Whether defaulting companies be able to file belated returns without additional fees?
Ans: Yes. Only normal fees for filing of documents in the MCA-21 registry will be payable.

Q5. What is the validity of the CFSS, 2020 scheme?
Ans: The Scheme is valid from 01.04.2020 to 30.09.2020

Q6. Does the Scheme applicable to a Foreign Company?
Ans: No. The Scheme is applicable to companies as defined in Section 2(20) of the Companies Act, 2013. That means a company incorporated under this Act or under any previous company law.

Q7. Is it possible to withdraw the appeal against any prosecution launched or the proceedings for imposing penalties initiated by the adjudicating authority?
Ans: Yes. The applicant shall before filing an application for issue of immunity certificate, withdraw the appeal and furnish proof of such withdrawal along with the application.

Q8. Is there any remedy for cases where the order of the adjudicating authority was passed but appeal could not be filed?
Ans: Yes. The Scheme has given the following options; 
A. Period of 120 days shall be allowed to make appeal where the last date for filing the appeal against the order of the adjudicating authority under section 454 (6) falls between 01-03-2020 to 31-05-2020 (both days included)
 .B.      During such additional period of 120 days prosecution under section 454 (8) for non- compliance of the order of the adjudicating authority shall not be initiated.

Q9. How to file application for immunity under the Scheme?
Ans: The application may be made electronically in Form CFSS-2020.

Q10. What is the time limit to file Form CFSS-2020?
Ans: Form CFSS-2020 can be filed after closure of the Scheme and after the documents are taken on file or record or approved by the Designated authority as the case may be but within 6 months from the expiry of the Scheme.

Q11. What are the exemptions to the CFSS-2020 Scheme?
Ans: This Scheme shall not apply to:
a)      Companies against which action for final notice for striking off the name u/s 248 of the Act has already been initiated by the Designated Authority.
b)      Where any action has already been filed by the companies for action of striking off the name of the company from the Registrar of companies.
c)       Companies amalgamated under a scheme of arrangement or compromise under the Act.
d)      Where applications have already been filed for obtaining dormant status under Section 455 of the Act before this Scheme.
e)      Vanishing Companies
f)       Where any increase in authorised capital is involved (Form SH-7)
g)      Charge related documents (CHG -1, CHG -4, CHG -8, CHG -9)

Q12. What is the effect of immunity?
After granting the immunity, the Designated authority concerned shall withdraw the prosecutions pending if any before the concerned courts and the proceedings of adjudication of penalties under section 454 of the Act.

Q13. How does the Scheme applicable to inactive Companies?
Ans: The defaulting inactive companies, while filing the due documents under CFSS, 2020 can simultaneously either;
a)      Apply to get themselves declared as Dormant Companies by filing e-form MSC-1; or
b) Apply for striking off the name of the company by filing e-form STK-2

Comments

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