Do your Pending Compliance without any Penalty under CFSS 2020
Company are in default for filing any document, form, statement etc., to including annual statutory documents (AOC-4 & MGT- 7) on the MCA-21 registry on due time, now able to file all pending compliance without any additional fees and penalty under this scheme except form related to Increase in Authorised Capital and Charges forms.
CFSS is applicable to all defaulting company i.e. any Company or LLP who failed file any mandatory form to ROC except following Companies :
1. Company Strike off with final notice u/s 248 ( or u/s 560 of Companies Act 1956).
2. Where Company itself applied for Strike off to Concern ROC.
3. Where Company amalgamated under scheme of amalgamation or compromise under Act.
4. Where Company applied for Dormant status u/s 455 of Act before this Scheme.
5. To Vanishing Companies
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Time limit to avail CFSS 2020 is from 1st April 2020 to 30th September 2020. Therefore, company will be able to file remaining forms, compliances till 30th September, 2020.
After filing all pending forms to MCA, Company have to upload CFSS Form to concern ROC and after satisfaction of all guideline of this scheme Registrar of Companies will issue Immunity Certificate in the Name of Company.
Docsplanner expert team is helping all Companies who are willing to take benefits of CFSS 2020. With expert assistance very efficiently and with affordable cost we will do all compliance under CFSS 2020. You just need to make an inquiry to us for further details.
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CFSS is applicable to all defaulting company i.e. any Company or LLP who failed file any mandatory form to ROC except following Companies
1. Company Strike off with final notice u/s 248 ( or u/s 560 of Companies Act 1956)
2. Where Company itself applied for Strike off to Concern ROC
3. Where Company amalgamated under scheme of amalgamation or compromise under Act
4. Where Company applied for Dormant status u/s 455 of Act before this Scheme
5. Where Company applied for Dormant status u/s 455 of Act before this Scheme
No, CFSS is not applicable to officer in default. The benefit of scheme is only given to Company/LLP. So any prosecution against officer in default will not be waived.
CFSS allowed all defaulting Companies or LLP to file pending forms without any additional penalties. Even non active company who did not filed Form 22A, is also able to file all pending form/s without any additional fees i.e. Company / LLP can file forms with Normal fees mention under Rules of respective Act .
Time limit to avail CFSS 2020 is from 1st April 2020 to 30th September 2020. Therefore, company will be able to file remaining forms, compliances till 30th September, 2020
All forms including annual filing forms or event base forms are covered under this scheme except following :
1. Form used to increase Authorised Share Capital i.e. SH -7
2. Forms related of Charge Creation / Modification / satisfaction i.e. CHG-1, CHG-4, CHG-8 or CHG-
Following are the situation where Company can not able to take benefit under CFSS 2020 :
1. Company Strike off with final notice u/s 248 ( or u/s 560 of Companies Act 1956)
2. Where Company itself applied for Strike off to Concern ROC
3. Where Company amalgamated under scheme of amalgamation or compromise under Act
4. Where Company applied for Dormant status u/s 455 of Act before this Scheme
5. To Vanishing Companies
A company would be deemed to be a vanishing company, if it is found to have:
1. Failed to file annual returns with Registrar of Companies (ROC) for a period of two years;
2. Failed to file returns with Stock Exchange (SE) for a period of two years (if it continues to be a listed company);
3. It is not maintaining its registered office of the company at the address notified with the Registrar of Companies/ Stock Exchange; and
4. None of its Directors are traceable.
Following is the procedure to take benefit under CFSS :
1. File all pending documents and Forms before 30th Sep 2020
2. Than we need file E-form CFSS – 2020, which you need to file within the six months of the closure of the said scheme.
To start on process kindly contact us.
Yes, Company / LLP can file DIR-3 KYC or WEB KYC without additional fees for their Directors.
Yes, Company can file active form i.e. INC 22A without additional fees to make Active Compliance status and also avail further benefits of CFSS.
No. Directors whose DIN is deactivated u/s 164 can not get his DIN status as active under CFSS as this scheme is applicable only benefits of Company and not to officer in default.
The Company who’s all Directors deactivated under default u/s 164 of Act can add new director offline through concern ROC and then comply all pending compliance of Company.
The Company who name is struck-off, first need to file petition of restoration to NCLT and after having NCLT order they can change there status from “Strike off” to “Active” from concern ROC and file all pending compliance with benefits under CFSS 2020.
No. Company who already applied strike off application is not able to avail CFSS benefits.
A defaulting inactive company can apply for either of the following :
1. To become a dormant company by filing e-Form MSC-1; or
2. To get its name struck off by filing e-form STK -2Had it not been for the CFSS, an inactive company cannot for itself file for strike off
Where the Company got order for belated filing of returns under the Act and the company has not further appealed to higher authorities and such period of appeal lies between 1st March 2020 to 31st May 2020, a period of additional 120 days be allowed for filing of appeal from last date as may be specified under the order.
Further, Company can also withdraw the appeal, if any filed and avail benefits of the scheme.
CFSS, 2020 scheme does not provide Immunity in following matters :
1. Matters where appeal is pending before any Court;
2. Where any management dispute is pending before the Court or NCLT;
3. Where an order of conviction has been issued by the Court & no appeal preferred against such order as on 01st April, 2020;
4. Where an order imposing penalty has been made by the Adjudicating Authority & no appeal preferred against such order as on 01st April, 2020;
Yes, A company now can file all the pending forms and documents without any penalties & additional fees under CFSS 2020. After that they may either continue with Active status or can apply for Dormant status or strike off company without any kind of additional fees.
Yes, A company now can file all the pending forms and documents without any penalties & additional fees under CFSS 2020. After that they may either continue with Active status or can apply for Dormant status or strike off company without any kind of additional fees.
Effect of the CFSS 2020 will be as follows :
1. No Need to pay any additional fees on any return of Company during Scheme.
2. Authority shall provide immunity certificate to Company.
3. Company shall withdrawal of appeal against any prosecution launched.
4. ROC Shall withdrawal all the prosecution pending regarding such forms/ returns.
5. ROC shall withdrawal the proceedings of adjudication of penalties u/s 454.
Since its best scheme to make Company’s default as good, all the Company should take benefits of same.
Following are the consequences if Company does not avail CFSS :
1. There will be additional fees with normal fees to pending forms/ documents.
2. Prosecution/ Heavy Penalty for the Directors & other Officers in default.
3. Action for Strike Off by the Registrar
There is no any specific mentioning in regards to foreign Company or Brach office applicability but in CFSS form they mentioned Global Location Number of Company which might be cover foreign Company or Brach office under CFSS, 2020.
Yes, LLP are also allowed to take benefits under CFSS 2020 scheme for filing there pending forms and documents to MCA.