Lok Sabha Question No. 93 (UNSTARRED), answered on 2021-07-19
Subject: Schemes for Companies
Ministry: CORPORATE AFFAIRS
Asked by: Arjunlal Meena, P.P. Chaudhary

## GOVERNMENT OF INDIA

## MINISTRY OF CORPORATE AFFAIRS

## LOK SABHA

## UN-STARRED QUESTION NO. 93 MONDAY, JULY 19, 2021/ ASHADHA 28, 1943 (SAKA)

## SCHEMES FOR COMPANIES QUESTION

93. SHRI ARJUN LAL MEENA: SHRI P. P. CHAUDHARY:

Will the Minister of CORPORATE AFFAIRS be pleased to state:

कारपोरेट कार्य मंत्री

- (a) the details of the schemes framed by the Government to remove hurdles faced by companies in this pandemic era for the smooth operation of business using technology; and
- (b) whether there is any specific demand or schemes by corporates which ministry
- thinks need a consultation with all stakeholders and if so, the details thereof?

## ANSWER

MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF STATISTICS AND PROGRAMME IMPLEMENTATION; MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF PLANNING; AND MINISTER OF STATE FOR

CORPORATE AFFAIRS

## [RAO INDERJIT SINGH]

- (a) and (b): The Government in the Ministry of Corporate Affairs (MCA) administers the provisions of the Companies Act, 2013 (herein after called as the Act), the Limited Liability Partnerships ('LLPs') Act, 2008 and the Insolvency and Bankruptcy Code (IBC), 2016. Information pertaining to MCA is as under:
1. Companies Fresh Start Scheme (CFSS) 2020:- Through the General Circular no. 12/2020  dated  30.3.2020,  the  Ministry  launched  the  "Companies  Fresh  Start Scheme, 2020 which, inter-alia, provides opportunities to Companies to make good any filing related defaults, regardless of duration of defaults, and make a fresh start  as  a  fully  compliant  entity.  The  Scheme  condoned  the  delay  in  filing  the belated  documents  and  gives  immunity  from  prosecutions  and  proceedings  for imposition  of  penalty  which  might  arise  on  account  of  such  delayed  filing  of documents. No additional fees was charged for late filing  during  a  moratorium period from 1st April to 31st December, 2020 in respect of documents, returns etc. required to be filed in MCA-21 Registry. As per records, 473125 number of Indian Companies  and  1065  number  of  Foreign  Companies  have  been  benefited  by availing the CFSS, 2020 scheme for filing their pending documents.

2. LLP Settlement Scheme, 2020:- This Ministry vide notification dated 04.03.2020 introduced  LLP    Settlement  Scheme,  2020  to  provide  one-time  relaxation  in additional fees to the defaulting Limited Liability Partnerships ('LLPs')  to  make good their defaults by filing pending documents with the Registrar of Companies ('ROC'  or  'Registrar')  to  ease  the  hassle  of  business  enterprises.  The  LLP settlement  scheme  was  initially  rolled  out  from  16.03.2020  to  31.03.2020  for certain filings by LLPs.   Further, due to the COVID-19 pandemic the said scheme was further modified and expanded from 01.04.2020 to 31.12.2020 to cover all eforms.  As per records 105643 number of LLPs have been benefited by availing the LLP settlement scheme 2020 for filing their pending documents.
3. Scheme for relaxation of time for filing forms related to creation or modification of charges under the Companies Act, 2013:- In pursuance of the Government of India's efforts to provide relief to law abiding companies and in the wake of COVID 19  pandemic,  the  Ministry  of  Corporate  Affairs,  has  introduced  the  Scheme  for relaxation of time for filing forms related to creation or modification of charges under the Companies Act, 2013, vide General Circular no. 23/2020 dated 17th June, 2020. As per the scheme:-
3. (i)  where the date of creation/ modification of charge is before 01.03.2020, but the timeline for filing such form had not expired under section 77 of the Act as on 01.03.2020 and if the form is filed on or before 31.12.2020, the fees payable as on 29.02.2020 under the Fees Rules for the said form shall be charged. If the form is filed thereafter, the applicable fees shall be charged under the Fees Rules after adding the number of days beginning from 01.01.2021 and, ending on the date of filing  plus  the  time  period  lapsed  from  the  date  of  the  creation  of  charge  till 29.02.2020.
4. (ii) where the date of creation/ modification of charge falls on any date between 01.03.2020 to 31.12.2020 and If the form is filed before 31.12.2020, normal fees shall be payable under the Fees Rules. If the form is filed thereafter, the First day after the date of creation/ modification of charge shall be reckoned as 01.01.2021 and  the  number  of  days  till  the  date  of  filing  of  the  form  shall  be  counted accordingly for the purposes of payment of fees under the Fees Rules.
4.  Scheme for Condonation of delay for Restored Companies by NCLT between 01 st  December, 2020 to 31 st  December, 2020:- In order to provide benefit of filing overdue forms and to provide waiver of additional fees for restored companies by National Company Law Tribunal (NCLT), the Ministry vide Circular No. 3/2021 dated 15.01.2021 announced a Condonation of Delay Scheme for Companies restored by NCLT between 1 st  December, 2020 to 31 st  December, 2020 under section 252 of the Companies Act, 2013. The Scheme provides to condone delay in filing forms with the Registrar, and spares payment of additional fees. Certain other terms are stipulated  and  are  available  in  the  Scheme  document.  This  Scheme  was  in operation from 01 st  February 2021 and was available for filing of any overdue eforms by such companies till 31 st  March 2021.

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