Home Company Law - Editorial FAQ’S ON RELAXATIONS OF TIME OF FILLING OF CHARGE FORM {CREATION & MODIFICATION OF CHARGE}

FAQ’S ON RELAXATIONS OF TIME OF FILLING OF CHARGE FORM {CREATION & MODIFICATION OF CHARGE}

by CS Divesh Goyal
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Quick Question:

  1. If Charge is created/ modified on or before December 02, 2020. Company fails to file such form. Whether such Company can take benefit of Circular dated 03rd May, 2021?

As per applicability of Scheme. If 120 days already been expired on April 01, 2021, then such form can’t take benefit of this Circular.

In the given question charge created/ modified on or before December 02, 2020 therefore, 120 days already passed on April 01, 2021.  

Therefore, no benefit of this circular to such Companies.

  1. If any company file CHG-1/ CHG-9 during (01/04/2021 to 03/05/2021) with additional fees as well as advolerum fees, whether such company can file form for refund of fees other than actual from fees from MCA?

It is specifically mentioned in scheme, If the form i.e. CHG-1 and CHG-9 had already been filed before the date of Circular (i.e. May 03, 2021) then such form can’t take benefit of scheme. Therefore, not eligible for any refund.

  1. Whether company can take benefit of this circular for filing of e-form CHG-4 between 01/04/2021 to 30/05/2021?

This circular shall not be apply for filing of e-form CHG-4. Time limit and additional fees for filing of e-form CHg-4 is same as per law without any relaxation.

  1. If (maximum time for filing of form expired) 120 days from date of creation/ modification of charge has already been expired before 01.04.2021, then whether Company can take benefit of this circular?

If maximum period (120 days) for filing of e-form CHG-1/CHG-9 has been already been expired on 01st April, 2021 then company can’t take any benefit of this scheme and can’t file such form with ROC.

  1. If Charge created on 14th February, 2021, then what shall be due date of filing of such form as per this circular?
S. No. Due Date  
  30 days 60 days 120 days    
1.       16.03.2021 15.04.2021 14.06.2021    
Normal Due Date Normal Fees Normal + Additional Fees Normal+ Addi+ Advol Fees    
2. 16.03.2021 31/03/2021 (45) 30/05/2021 15/06/2021 14/08/2021
Extended Due Date Normal Fees Normal + Additional Fees Normal + Additional Fees Normal + Additional Fees Normal+ Addi+ Advol Fees
  • To Calculate 120 days of filing of CHG-1 & CHG-9 period from 01st April, 2021 to 30th May, 2021 shall not be include.

  1. If 01st April, 2021 was the 25th day from the date of creation of Charge, but company file such form on 01st June, 2021, whether Company is required to pay additional fees?

As per circular, period from 01st April to 30th May shall not be count for calculate of 120 days of filing of e-form CHG-1. Therefore, if 01st April, 2021 was 25th Day from creation of Charge then 01st June 2021 shall be considered as 26th Day.

  1. If 01st April, 2021 was the 55th day from the date of creation of Charge, but company file such form on 01st June, 2021, then how much fees company required to pay?

As per circular, period from 01st April to 30th May shall not be count for calculate of 120 days of filing of e-form CHG-1. Therefore, if 01st April, 2021 was 55th Day from creation of Charge then 01st June 2021 shall be considered as 56th Day.

As 1st June, 2021 shall be considered as 56th Day (before 60 days after 30 days) therefore, company required to pay normal fees as well as additional fees.

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 the 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 a professional advice and is subject to change without notice. I assume no responsibility for the consequences of 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.

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