Company Fresh Start Scheme 2020
(MCA General Circular No. 12/2020, notified on 30/03/2020)
Complete your compliances without paying additional Fees
> SUMMARY OF THIS SCHEME
This Scheme Company Fresh Start Scheme, 2020 have been introduced for following purposes:
1. This Scheme Company Fresh Start Scheme, 2020 have been introduced for following purposes:
2. providing immunity from penal proceedings, including imposition of penalties for late submission only.
3. After grant of immunity, the designated authority shall withdraw the prosecutions pending for non-filing of forms and returns.
4. Providing additional time for filing an appeals’ before the concerned Regional Directors against imposition of penalties, if already imposed.
5. Inactive Companies may get declare their Company as dormant company or apply for striking off with normal fee under this scheme.
> SCHEME EFFECTIVE DATE
Scheme shall come into force on 1st April, 2020 and remain effective up to 30th Sept., 2020.
> SCHEME APPLICABILITY
DEFAULTING COMPANIES: Scheme applicable on defaulting companies which has made a default in filing of any documents, statements, returns including annual forms & returns on MCA-21.
Following forms can be filled by companies and no additional fees shall be levied, only normal fees required to be paid if filed between 01.04.2020 to 30.09.2020:
1) Annual Form & Annual return i.e. Form AOC-4 and Form MGT-7
2) Form MGT-14
3) Form ADT-1
4) Form PAS-3
5) Form DIR-3KYC
6) Form DIR-3 KYC-Web
7) Form Active
8) All other Forms Except Form SH-7 (increase in authorized share capital) and Charge related forms i.e. CHG-1, CHG-4, CHG-8 and CHG-9.
INACTIVE COMPANIES: Inactive Companies to get their companies declared as ‘Dormant Company’ under section 455 of the Companies Act, 2013 by filing a simple applicable at normal fee or apply for striking off of the Company.
> WITHDRAWAL OF APPEAL AGAINST ANY PROSECUTION LAUNCHED OR THE PROCEEDINGS FOR IMPOSING PENALTIES INITIATED
If the default companies or its officer in default has filed an appeal against any notice issued or compliant filed or an order passed by a court or by an adjudicating authority under the Act for violation of the provisions under the Companies Act, 2013/1956, in respect of which the application is made under the scheme, the applicant shall before filing an application for issue of immunity certificate withdraw the appeal and furnish proof of such withdrawal along with application.
> FORM CFSS-2020 AND ISSUE OF IMMUNITY CERTIFICATE
Form CFSS-2020 required to be filed after :
* filing of all belated forms and returns by 30.09.2020;
* After closure of scheme i.e. 30.09.2020 ; and
* All forms are approved or taken on record, as the case may be.
After filing all belated forms and returns and a declaration made in form CFSS-2020, an immunity certificate shall be issued to the Company.
> SCHEME NOT APPLICABLE
a. To Companies against which action for final notice for striking off u/s 248 of Companies Act, 2013 has already been initiated by the designated Authority;
b. Where an application in Form STK-2 for striking off has already been filed by the Company;
c. To Amalgamated companies ;
d. Where companies have already been filed an application for getting Dormant status before the scheme;
e. To Vanishing companies;
f. Form SH-7 (Increase in Authorized share capital) and Charge related Forms i.e. CHG-1, CHG-4, CHG-8 and CHG-9
> CONSEQUENCES FOR NOT AVAILING THIS SCHEME
Designated Authority shall take necessary action under the Companies Act, 2013 against the Companies who have not availed this scheme and are in default in filing documents .