SHORT SUMMARY:
Recently MCA has issued a Notification on 11th January 2021 for amendment in “Companies (Registration Offices and Fees) Amendment Rules, 2022”. This notification is stated about “Higher Additional fees in Certain Cases”.
- Language of Circular:
The additional fees and higher additional fees shall be applicable in delay in filing of certain forms in certain cases.
Details of Additional Fees:
| S. No. | Period of Delays | Additional fees as a multiple of normal fee | Higher Additional fees as a multiple of normal fee |
| 1. | Upto 15 days (Section 139&157) | One time of normal fees | |
| 2. | More than 15days and upto 30 days (Section 139 &157) and upto 30 days in remaining forms | 2 time of normal filling fees | 3 time of normal filling fees |
| 3. | More than 30 days and upto 60 days | 4 time of normal filling fees | 6 time of normal filling fees |
| 4. | More than 60 days and upto 90 days | 6 time of normal filling fees | 9 time of normal filling fees |
| 5. | More than 90 days and upto 180 days | 10 time of normal filling fees | 15 time of normal filling fees |
| 6. | Beyond 180 days | 12 time of normal filling fees | 18 time of normal filling fees |
- Effective Date of Notification:
This Circular shall come into effect from 1st July 2022.
- Non-Applicability of Circular:
The Higher additional fees shall not be applicable on the following forms:
| S. No. | Form No | Purpose of Form |
| A. | SH-7 | Nominal Value of Shares |
| B. | AOC-4 | Filing of Financial Statement |
| C. | MGT-7 | Annual Return |
Quick Bite:
- As per the Circular on which form these Higher Additional fees shall be applicable.
This Higher additional fee shall be applicable on following forms:
| S. No. | Form No | Purpose of Form |
| A. | PAS-3 | Allotment of Shares |
| B. | INC-22 | Shifting of Registered office |
- In which situation Higher additional fees shall be charged?
Higher additional fees shall be charged on above mentioned two forms in the situation:
- If there is a delay in filing of above forms.
- On two or more occasions.
- Within a period of 365 days from the date of filing of last such belated e-form
- Example of charging of Higher Additional Fees?
Situation 1:
- If Board Resolution of allotment passed on 1st January 2021
- PAS -3 filed on 30th March 2021.
- Next allotment made on 30th June 2021.
- PAS-3 file after 30 Days
In such case, Higher additional fees shall be applicable on Second PAS-3.
Condition to be fulfilled for higher additional fees:
- The First form should be filed after the due date.
- Second form should also be filed after 30 days.
- Date of filing of Both forms should be within 365 days
Conclusion:
Based on the above discussion, one can opine that higher additional fees shall be levied only on PAS-3 and INC-22 in case of delay in filing of forms, more than once in 365 days.
Author – CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES Company Secretary in Practice from Delhi and can be contacted at [email protected]).
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