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Relaxation by Ministry of Corporate Affairs to Companies/LLPs

The second wave of Covid-19 in India has been far more damaging than the first one. More than four lacs cases are reported on daily basis and hospitals have run out of space. In this difficult time, the Ministry of Corporate Affairs has issued three circulars on 3rd May 2021 to provide certain relaxations to Companies/LLPs.

General Circular No.06/2021- Relaxation on levy of additional fees in filing of certain Forms under the Companies Act, 2013 and LLP Act, 2008 (other than Forms CHG-1, CHG-4 and CHG-9)

The MCA has provided relaxation on levy of additional fees for filing various forms (other than Forms CHG-1, CHG-4 and CHG-9) under the Companies Act, 2013/LLP Act, 2008/Rules made thereunder due for filing during 1st April, 2021 to 31stMay, 2021. Therefore, the forms due for filing during 1st April, 2021 to 31st May, 2021 shall be filed upto 31st July, 2021 with no additional fees. Only normal fees shall be payable.

General Circular No.07/2021- Relaxation of time for filing forms related to creation or modification of charges under the Companies Act, 2013

This circular is applicable in respect of filing of forms CHG-1 and CHG-9 only (not for CHG-4). It provides that where the date of creation or modification of charge:


i. Is before 1stApril, 2021 but the due date of filing the form has not expired, the form shall be filed upto 31st May, 2021 without any additional fees. In case the form is not filed on or before 31st May, 2021, then the additional fees shall be charged for the period beginning from 1st June, 2021 to the date of filing of form plus the time period from the date of creation of charge till 31st March, 2021.


Therefore in case form is not filed upto 31st May, 2021, then for the levy of additional fees the period beginning from 1st April, 2021 to 31stMay, 2021 shall not be considered.


ii. Falls between 1st April 2021 to 31st May, 2021 (both dates inclusive), the form shall be filed upto 31st May, 2021 without any additional fees. In case form is not filed within such period then the additional fees shall be charged for the period beginning from 1st June, 2021 to the date of filing of form.

Therefore in case form is not filed upto 31st May, 2021, then for the levy of additional fees the period from the date of creation/modification of charge to 31st May, 2021 shall not be considered.


General Circular No.08/2021- Gap between two board meetings under section 173 of the Companies Act, 2013


Section 173 of the Companies Act, 2013 provides that the gap between two consecutive board meetings shall not exceed 120 days. The MCA with this circular has extended this time by a period of 60 days for first two quarters of Financial Year 2021-22. Therefore, the gap between two consecutive board meetings may extend to 180 days during the quarters April-June 2021 and July to September 2021.

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