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Everything about CFSS Form

by CS Divesh Goyal
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Summary:

MCA has emerged with a Scheme on March 30, 2020, for all type of companies to file their forms even after the due date without any additional fees till December 31, 2020.

There existed a condition with the scheme that after the completion of the Scheme, the Companies shall file the e-form CFSS with the ROC mentioning all the SRN of the forms filed after the due date.

The eForm CFSS-2020 is required to be filed pursuant to the General Circular dated  12/2020 issued by the Ministry of Corporate Affairs.

  • CFSS Form introduced by the Ministry on January 16, 2021.
  • Period of filing of CFSS form:

The e-form can be filed w.e.f. January 15, 2021, to June 30, 2021. The last date for filing of this form is June 30, 2021. 

  • Purpose of filing of this form:

To seek immunity in respect of the belated documents filed under the Scheme. Immunity under this scheme shall be provided to only those companies who will file CFSS form.

  • Applicability:

To all those forms which were filed after the due date but between March 30, 2020, to December 31, 2020.

  • Non-Applicability:

This form CFSS is not required to be  filed for the Following:

  • Forms filed within the due date.
  • Forms filed on or before March 30, 2020.
  • Forms filed on or after January 01, 2021.

SRN of e-forms are not required to be mentioned in CFSS:

SRN of the following forms are not required to be mentioned in CFSS:

  1. SH-7 for increase in authorized share capital
  2. Charge related forms i.e. (CHG-1, CHG-4, CHG-8 & CHG-9)
  3. PAS-6
  4. MSME-1

Some FAQ’s

S. No Question Solution
1.       What is the date of the event in the form CFSS? This is actual date of occurrence of the event.

Eg. Company has passed the special resolution on 15.10.2020 and filed the form on 20.12.2020. in such situation the date of event shall be 15.10.2020.

2.       What we should mention in the event date in CFSS for AOC 4 MGT 7 and ADT 1

 

Event date for AOC-4, MGT-7 and ADT-1 shall be the date of AGM.
3.       What is the event date for DPT-3 form as asked in CFSS form?

 

Event date in case of e-form DPT-3 shall be June 30, 2020 for the financial year 2019-20.
4.       If any form filed within time during CFSS tenure. Such SRN is needed to be mentioned in CFSS? If any form is filed within the due date, then no need to mention the SRN of such form in CFSS.
5.       Whether a single Company can file multiple CFSS for one Company? Company can mention maximum 20 SRN in one CFSS. If a Company is required to mention more than 20 SRN, then such company  needs to file more than 1 form.
6.       If a Company skip to mention any SRN in CFSS, can a company file a separate form for such SRN? In case Company having less than 20 SRN then all SRN should be mentioned in single form only. However, in any case company mistakenly miss to mention any SRN. Then file one more form for the same.
7.       Whether a company is required to mention the SRN of Form DIR-3KYC web in the Form CFSS 2020

 

CFSS form is relating to the Company. DIR-3KYC is relating to the individual person.

However, it is recommended to file CFSS for DIR-3 KYC.

8.       If a DIR-3 KYC file under CFSS Scheme. But that person is not holding any directorship in any company. He is just designated partner in LLP, whether such person needs to file CFSS form. In the given situation:

 

If a person is not associated with any Company, in that case it is not required to file CFSS form.

9.       Whether the Companies need to pass a separate resolution to authorize any director to file the CFSS form

 

If any  Company has already passed omnibus resolution for filing of the forms, then there is  no need to pass a separate resolution. Otherwise there is a need to pass a separate resolution to authorize the director to file such form.
10.    Whether there is any option in the MCA login ID which can provide the list of all such forms w.r.t. which CFSS is required to be file? There is no option on MCA log in ID.

Company itself have to prepare such list of SRN’s.

11.    Whether there is any fees for CFSS Form? There is no ROC fees for CFSS form.
12.    If a Company has filed DPT-3 for 2019-20 after 30th June, 2020 before 31st December, 2020.

Whether SRN of such DPT-3 needs to be mentioned in CFSS?

If any form is filed with the MCA after the due date within the time frame of CFSS then, the SRN of such form is mandatory to be mentioned in CFSS form to get immunity.
13.    If a company fails to mention the SRN of DPT-3 in Serial No. 11 in CFSS. What shall be the  consequences? If a Company fails to mention the SRN of such form in CFSS then, the company will not get any immunity for late filing of such DPT-3 and is liable for action of penalty from the ROC.
14.    If a Company holds an AGM on 15.09.2020 and filed

AOC-4 on 20.10.2020 and MGT-7 on 21.11.2020.

Whether SRN of such forms required to be  mentioned in CFSS?

As these forms are filed after the due date but before 31.12.2020. Therefore, to get immunity benefit, it is mandatory to mention the SRN of these forms in CFSS.
15.    Whether this form is in approval route or STP route. This form is in STP mode. Once filed, it will be approved directly.
16.    Whether any immunity certificate shall be issue by the ROC on filing of the form. When an e-Form is successfully processed, the immunity certificate shall be generated and shared along with the acknowledgment email on the mail id of the company as mentioned in the form.
17.    How to check whether the company will get immunity or not on a specific SRN mentioned in  the CFSS? Details of the SRN’s shall be mentioned on Immunity certificate issued by the MCA.
18.    Whether CFSS is required to be filed if the  e-form DPT-3, MSME-1, PAS-6 filed after the due date for the f.y. 2019-20? If these forms are filed after the due date but before 31.12.2020, such company is required to file CFSS by mentioning the SRN of these forms.
19.    What is the last date of filing of CFSS? Last date of filing of CFSS is 30th June 2021.

 

  1. Whether CFSS form with accept unapproved SRN?

CFSS form shall accept only approved SRN. If SRN of any of your form is un-approved and company has taken benefit of CFSS scheme then they will not able to mention the SRN of such unapproved form in CFSS.

  1. Whether CFSS Form is accepting DIR-3KYC/DIR-3KYC Web SRN?

CFSS form accept SRN of DIR-3 KYC. Companies should mention the SRN of DIR-3 KYC in CFSS form.

  1. Whether same DIR-3KYC SRN mentioned in more than one Company CFSS Form?

Practically CFSS form accept SRN of DIR-3 KYC in more than one Company. Therefore, SRN of DIR-3 KYC should mention in CFSS.

  1. Whether CFSS Form is accepting MSME SRN?

CFSS form doesn’t accept the SRN of MSME form. Therefore, Companies are not required to mention to SRN of MSME-1 in CFSS.

  1. Whether CFSS Form is accepting PAS-6 SRN?

CFSS form doesn’t accept the SRN of PAS-6 form. Therefore, Companies are not required to mention to SRN of PAS-6 in CFSS. 

Author – CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES Company Secretary in Practice from Delhi and can be contacted at csdiveshgoyal@gmail.com).

 

Disclaimer: The entire contents of this document have been prepared based on relevant provisions and as per the information existing at the time of the preparation. Although care has been taken to ensure the accuracy, completeness, and reliability of the information provided, I assume no responsibility, therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws. The user of the information agrees that the information is not professional advice and is subject to change without notice. I assume no responsibility for the consequences of the use of such information.

 

IN NO EVENT SHALL I SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION

[1] http://www.mca.gov.in/MinistryV2/extensionofagm.html

 

 

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