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MCA amended Companies Act 2013 to mitigate blow by COVID-19 pandemic

The Ministry of Corporate Affairs (MCA) has taken various measures to address the COVID-19 pandemic by making amendments in the Companies Act, 2013, Rules made thereunder and by issuing various circulars from time to time. The details of such measures taken by the Ministry are attached as Annexure

This was stated by Shri Anurag Singh Thakur, Union Minister of State for Finance & Corporate Affairs in a written reply to a question in Rajya Sabha today.

Annexure

(i) The Companies Act, 2013 has been further amended through Companies (Amendment) Act, 2020 (CAA-2020) after getting the assent of Hon’ble President on 28^th September, 2020. The major thrust of the CAA-2020 is to decriminalize the offences under the Companies Act, 2013 and to facilitate ease of doing business and ease of living. After enactment of the CAA-2020, 44 provisions relating to decriminalization and 12 provisions relating to ease of doing business in the CAA-2020 have been commenced on 21^st December, 2020 and 22^nd January, 2021 respectively. The amendment proposed through the CAA-2020 are expected to significantly enhance the confidence of Indian Corporates on the Government’s resolve to provide greater ease and accord highest respect to honest wealth creators in the country and reduce the burden on the justice system.

(ii) The Companies Fresh Start Scheme, 2020 was launched to make a fresh start for companies to be a fully compliant company by allowing them to file belated documents in MCA 21 registry without any additional fees from 1^st April to 31^st December, 2020. The said scheme has also given immunity from prosecutions and proceedings for imposition of penalty which might arise on account of such delayed filing of documents.

(iii) The MCA introduced an 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 said scheme was initially rolled out from 16.03.2020 to 31.03.2020 for certain filings by LLPs. However, due to the COVID 19 pandemic the modified further expanded scheme to cover all eforms was rolled out from 01.04.2020 to 31.12.2020. Under the said scheme, the defaulting LLPs were permitted to file belated documents and the LLPs shall not be subjected to prosecution for such defaults.

(iv) In the wake of COVID 19 and to provide relief to law abiding companies a scheme was launched for relaxation of time for filing forms related to creation or modification of charges under the Companies Act, 2013 during the period from 01st March to 31^st December, 2020.

(v) MCA has 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. This Scheme will be in operation from 01st February, 2021 and will be available for filing of any overdue e- forms by such companies till 31st March, 2021.

(iv) In order to provide relief to the companies in view of COVID-19 pandemic, the companies have been allowed to conduct Board Meetings through Video Conference (VC) or other audio-visual means for passing resolutions in respect of matters which were earlier required to be passed in meetings which required physical presence of directors by amending the Companies (Meetings of Board and its Powers) Rules, 2014 from time to time during COVID-19 pandemic. Such facility to the companies has been allowed till 30^th June, 2021. (initially it was till 30.06.2020, then extended to 30.09.2020 and 31.12.2020).

(vii) The companies have been allowed to hold Extraordinary General Meetings (EGMs) through Video Conferencing (VC) or other audio-visual means (OAVM) complemented with e-Voting facility/simplified voting through registered emails till 30^th June, 2021.

(viii) The companies have been allowed to conduct their Annual General Meetings (AGMs) by Video Conferencing (VC) or other audio-visual means (OAVM) whose AGMs were due to be held in the year 2020 or become due in the year 2021 to conduct their AGMs on or before 31.12.2021. Owing to the difficulties in sending physical copies of the financial statements, the companies are also allowed to send the financial statements, along with Board’s reports, Auditor’s reports and other documents required to be attached therewith, only through email.

(ix) The Registrar of Companies on the advice of Ministry had given extension of time in holding of Annual General Meeting for the financial year ended on 31 March, 2020 till 31^st December, 2020 (The maximum period which can be extended by the Registrar of Companies under section 96 of the Act).

(x) The Companies (Auditor’s Report) Order, 2020 has now been made applicable from the audit of financial statements for the financial year 2021-22 to ease the auditors and the companies.

(xi) The mandatory requirement of holding meetings of the Board of the companies within the intervals provided in section 173 of the Companies Act, 2013 (CA-13) (120 days) were extended by a period of 60 days till next two quarters i.e., till 30th September, 2020. Accordingly, as a one-time relaxation, the gap between two consecutive meetings of the Board were extended to 180 days till the next two quarters, instead of 120 days as required in the CA-13.

(xii) Independent Directors (IDs) of a company have been given relaxation from holding atleast one mandatory meeting and accordingly for the financial year 2019-20, if the lDs of a company have not been able to hold such a meeting, the same has not been viewed as a violation.

(xiii) The Ministry enhanced the period to thirteen months from 1^st December, 2019 within which existing Independent directors may apply online for inclusion of their names in the databank for Independent Directors vide amendments in the Companies (Appointment & Qualification of Directors) Rules, 2014 from time to time.

(xiv) Timeline for creation of deposit repayment reserve of 20% under section 73(2)(c) of CA-13 and to invest or deposit 15% of amount of debentures under rule 18 of Companies (Share Capital and Debentures) Rules, 2014 was extended till 31^st December, 2020.

(xv) An additional period of 180 more days has been allowed to comply with the requirement of filing a declaration for Commencement of Business by newly incorporated companies.

(xvi) Non-compliance of minimum residency in India for a period of at least 182 days by at least one director of every company, under Section 149 of the CA-13 shall not be treated as a non-compliance for the financial year 2019-20 and 2020-21.

(xvii) Till 31^st December, 2020, the inability to dispatch the notice for Rights Issues by listed companies to their shareholders through registered post or speed post or courier would not be viewed as violation of section 62(2) of the Act provided these companies comply with the SEBI Circulars dated 6^th May, 2020 and 24^th July, 2020 which inter-alia provide the mode/manner of issuance of notice by electronic transmission by listed companies.

(xviii) Requirement for investing 15% of amount of debentures maturing in a particular year in specified instruments has been done away with for Listed companies & NBFCs when such debentures are issued on a private placement basis.

(xix) Time allowed to Auditors and Audit Firms for filing NFRA-2 form with the NFRA has been extended till a total period of 270 days in view of the difficulties faced during COVID-19 related disruption.

(xx)The expenditure incurred by companies on activities relating to Central Armed Police Forces (CAPF) and Central Para Military Forces (CPMF) Veterans, and their dependents including widows has been considered as CSR expenditure.

(xxi) Last date of submission of Cost Audit Report by the Cost Auditor to the management of the company has been extended till 31^st December, 2020 and additional fee has been relaxed for filing of CRA-4 (form for filing of cost audit report) for financial year 2019-2020.

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Know 7 Due dates extended by MCA to 31st December 2020

Considering the difficulties faced by the corporates and professionals due to the continued disruption in certain parts of the country and to provide greater Ease of doing business, various representation has been made by industry and professional bodies to enhance the timelines as the corporates are not able to take the desired benefit of the relaxations.

The Government has considered the request and has extended the following timelines:

1. The Companies Fresh Start Scheme (CFSS) which was introduced on 1st April, 2020 and was open till the 30th September, 2020. The scheme offered one-time opportunity to the defaulting companies’ to file all the pending documents including the annual tiling of the company without charging higher additional fees on any delay with the Ministry. The same has now been extended to 31st December, 2020.

2. The LLP Settlement Scheme, 2020 which incentivise compliance and reduce compliance burden during the unprecedented public health situation caused by Covid-19. The scheme was a one-time waiver of additional filing fees for delayed filings by the LLPs with the Registrar of Companies during the period starting from 1st April, 2020 and ending on 30th September, 2020. The same has now been extended to 31st December, 2020

3. Special measures adopted to enable and support Limited Liability Partnerships constituted under Limited Liability Partnership Act, 2008 in view of COVID19 outbreak to reduce their compliance burden and other risks. The same has now been extended to 31st December, 2020.

4. Filing of DIR 3 KYC is also a part of the CFSS- 2020 and LSS-2020 schemes. The same has also been extended to 31st December, 2020.

5. Companies to hold EGMs or transact business through postal ballots through Video Conferencing or Other Audio Visual Means by 30th September, 2020. The same has now been extended to 31st December, 2020.

6. Filing of forms related to creation or modification of charges under the Companies Act 2013 was earlier provided till 30th September, 2020. The same has now been extended to 31st December, 2020.

7. The last date for registration of details of Independent Directors in the ID Data Bank was extended upto 30th September, 2020. The same has now been extended to 31st December, 2020.

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List of Forms eligible for CFSS & LLP Scheme 2020 Extended till 31 December 2020

The Ministry of Corporate Affairs has extended the duration of CFSS-2020 & LLP Scheme till 31 December 2020 in view of the continued disruption caused due to the COVID-19 pandemic in certain parts of the country and to provide greater Ease of Doing Business.

The various forms for which filings are extended are

S No.	Form No.	Description
1	23C	Appointment of Cost Auditors
2	MR-2	Form of Application to the Central Government for approval of appointment or reappointment and remuneration or increase in remuneration or waiver for excess or over payment to managing director or whole time director or manager and commission or remuneration to directors
3	ADT-2	Application for removal of auditor(s) from his/their office before expiry of term
4	NDH-2	Application for extension of time
5	DIR-3C	Intimation of Director Identification Number by the company to the registrar
6	INC-12	Application for grant of License under section 8
7	MSC-1	Application to ROC for obtaining the status of dormant company
8	DIR-12	Particulars of appointment of directors and the key managerial personnel and the changes among them
9	INC-4	Intimation for Change in Member/Nominee

S No.	Form No.	Description
10	INC-6	One Person Company – Application for Conversion
11	INC-22	Notice of Situation or Change of situation of Registered Office of the Company
12	INC-27	Conversion of public company into private company or private company into public company
13	20B	Annual Return
14	21A	Annual Return for company having no share capital
15	23B	Notice by Auditor
16	23D	Information by cost auditor to Central Government
17	23AC	Filing balance sheet and other documents with the Registrar
18	23AC- XBRL	Form for filing XBRL document in respect of balance sheet and other documents with the Registrar.
19	Form 66	Form for submission of Compliance Certificate

S No.	Form No.	Description
20	AOC-4	Form for filing financial statement and other documents with the Registrar
21	AOC-4 CFS	Form for filing consolidated financial statements and other documents with the Registrar
22	AOC- 4(XBRL)	Form for filing XBRL document in respect of financial statement and other documents with the Registrar
23	ADT-1	Information to the Registrar by company for appointment of auditor
24	ADT-3	Notice of Resignation by the Auditor
25	BEN-2	Return to the Registrar in respect of declaration under section 90
26	CRA-2	Form of Intimation of appointment of cost auditor by the company to Central Government
27	CRA-4	Form for filing Cost Audit Report with the Central Government
28	DPT-3	Return of deposits

S No.	Form No.	Description
29	DPT-4	Statement regarding deposits existing on the commencement of the Act
30	GNL-2	Form for submission of documents with the Registrar
31	INC-5	One Person Company- Intimation of exceeding threshold
32	IEPF-1	Statement of amounts credited to the Investor Education and Protection Fund
33	IEPF-2	Statement of unclaimed or unpaid amounts
34	IEPF-3	Statement of shares and unclaimed or unpaid dividend not transferred to the Investor Education and Protection Fund
35	IEPF-4	Statement of shares transferred to the Investor Education and Protection Fund

S No.	Form No.	Description
36	IEPF-6	Statement of unclaimed or unpaid amounts to be transferred to the Investor Education and Protection Fund
37	IEPF-7	Statement of amounts credited to IEPF on account of shares transferred to the fund
38	IEPF-5 e- verificati on report	Application to the authority for claiming unpaid amounts and shares out of Investor Education and Protection Fund (IEPF) – E-verification report
39	I-XBRL	Form for filing XBRL document in respect of cost audit report and other documents with the Central Government
40	MGT-7	Annual Return
41	MR-1	Return of appointment of key managerial personnel
42	MSC-3	Return of dormant companies
43	NDH-1	Return of Statutory Compliances
44	NDH-3	Return of Nidhi Company for the half year ended

S No.	Form No.	Description
45	NDH-4	Application for declaration as Nidhi Company and for updation of status by Nidhis
46	PAS-3	Return of allotment
47	SH-11	Return in respect of buy-back of securities
48	A-XBRL	Form for filing XBRL document in respect of compliance report and other documents with the Central Government
49	DIR-3 KYC/Web form	Application for KYC of Directors
50	FC-1	Information to be filled by Foreign company
51	FC-2	Return of alteration in the documents filed for registration by foreign company
52	FC-3	Annual accounts along with the list of all principal places of business in India established by foreign company
53	FC-4	Annual Return of a Foreign Company
54	INC-22A	Active Company Tagging Identities and Verification (ACTIVE)
55	INC-20A	Declaration for commencement of business

S No.	Form No.	Description
56	AOC-5	Notice of address at which books of account are maintained
57	DIR-11	Notice of resignation of a director to the Registrar
58	GNL-3	Particulars of person(s) or key managerial personnel charged or specified for the purpose of sub-clause (iii) or (iv) of clause 60 of section 2
59	INC-20	Intimation to Registrar of revocation/surrender of license issued under section 8
60	INC-28	Notice of order of the Court or Tribunal or any other competent authority
61	MGT-6	Return to the Registrar in respect of declaration under section 89 received by the company
62	MGT-10	Changes in shareholding position of promoters and top ten shareholders
63	MGT-14	Filing of Resolutions and agreements to the Registrar under section 117
64	MGT-15	Form for filing Report on Annual General Meeting
65	Form 27 LLP	Form for registration of particulars by Foreign Limited Liability Partnership (FLLP

S No.	Form No.	Description
66	FORM 3	Information with regard to limited liability partnership agreement and changes, if any, made therein
67	FORM 8	Statement of Account & Solvency
68	FORM 15	Notice for change of place of registered office
69	FORM 11	Annual Return of Limited Liability Partnership (LLP)
70	FORM 4	Notice of appointment, cessation, change in name/ address/designation of a designated partner or partner and consent to become a partner/designated partner
71	FORM 5	Notice for change of name
72	FORM 12	Form for intimating other address for service of documents
73	FORM 22	Notice of intimation of Order of Court/ Tribunal/CLB/ Central Government to the Registrar
74	FORM 31	Application for compounding of an offence under the Act
75	FORM 23	Application for direction to Limited Liability Partnership (LLP) to change its name to the Registrar
76	Form 29 LLP	Notice of (A) alteration in the certificate of incorporation or registration; (B) alteration in names and addresses of any of the persons authorised to accept service on behalf of a foreign limited liability partnership (FLLP) (C) alteration in the principal place of business in India of FLLP (D) cessation to have a place of business in India

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Ministry of Corporate Affairs has extended the duration of several schemes till 31 December 2020

The Ministry of Corporate Affairs has extended the duration of several schemes till 31.12.2020 in view of the continued disruption caused due to the COVID-19 pandemic in certain parts of the country and to provide greater Ease of Doing Business.

The Ministry of Corporate Affairs had introduced a new scheme known as the Companies Fresh Start Scheme, 2020, valid from 01.04.2020 to 30.09.2020 to enable companies to make good their previous defaults. This Scheme has now been extended till 31.12.2020.

The MCA had also introduced a new scheme known as the LLP Settlement Scheme, 2020 which was valid from 01.04.2020 to 13.06.2020 and was later extended till 30.09.2020. The Scheme has been further extended to 31.12.2020 to enable LLPs to make good their previous defaults.

The Scheme for relaxation of time for filing forms related to creation or modification of charges under the Companies Act, 2013 and the time for conducting EGMs through Video Conference or Other Audio Visual Means also stand extended till 31.12.2020.

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List of forms Eligible for fees waiver under The Company Fresh Start Scheme, 2020 and The LLP Settlement Scheme, 2020

List of forms Eligible for additional fees waiver under The Company Fresh Start Scheme, 2020 and The LLP Settlement Scheme, 2020

SrNo.	Form No.	Description
1	23C	Appointment of Cost Auditors
2	MR-2	Form of Application to the Central Government for approval of appointment or reappointment and remuneration or increase in remuneration or waiver for excess or over payment to managing director or whole time director or manager and commission or remuneration to directors
3	ADT-2	Application for removal of auditor(s) from his/their office before expiry of term
4	NDH-2	Application for extension of time
5	DIR-3C	Intimation of Director Identification Number by the company to the registrar
6	INC-12	Application for grant of License under section 8
7	MSC-1	Application to ROC for obtaining the status of dormant company
8	DIR-12	Particulars of appointment of directors and the key managerial personnel and the changes among them
9	INC-4	Intimation for Change in Member/Nominee
10	INC-6	One Person Company – Application for Conversion
11	INC-22	Notice of Situation or Change of situation of Registered Office of the Company
12	INC-27	Conversion of public company into private company or private company into public company
13	20B	Annual Return
14	21A	Annual Return for company having no share capital
15	23B	Notice by Auditor
16	23D	Information by cost auditor to Central Government
17	23AC	Filing balance sheet and other documents with the Registrar
18	23AC- XBRL	Form for filing XBRL document in respect of balance sheet and other documents with the Registrar.
19	Form 66	Form for submission of Compliance Certificate
20	AOC-4	Form for filing financial statement and other documents with the Registrar
21	AOC-4 CFS	Form for filing consolidated financial statements and other documents with the Registrar
22	AOC- 4(XBRL)	Form for filing XBRL document in respect of financial statement and other documents with the Registrar
23	ADT-1	Information to the Registrar by company for appointment of auditor
24	ADT-3	Notice of Resignation by the Auditor
25	BEN-2	Return to the Registrar in respect of declaration under section 90
26	CRA-2	Form of Intimation of appointment of cost auditor by the company to Central Government
27	CRA-4	Form for filing Cost Audit Report with the Central Government
28	DPT-3	Return of deposits
29	DPT-4	Statement regarding deposits existing on the commencement of the Act
30	GNL-2	Form for submission of documents with the Registrar
31	INC-5	One Person Company- Intimation of exceeding threshold
32	IEPF-1	Statement of amounts credited to the Investor Education and Protection Fund
33	IEPF-2	Statement of unclaimed or unpaid amounts
34	IEPF-3	Statement of shares and unclaimed or unpaid dividend not transferred to the Investor Education and Protection Fund
35	IEPF-4	Statement of shares transferred to the Investor Education and Protection Fund

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36	IEPF-6	Statement of unclaimed or unpaid amounts to be transferred to the Investor Education and Protection Fund
37	IEPF-7	Statement of amounts credited to IEPF on account of shares transferred to the fund
38	IEPF-5 e- verification report	Application to the authority for claiming unpaid amounts and shares out of Investor Education and Protection Fund (IEPF) – E-verification report
39	I-XBRL	Form for filing XBRL document in respect of cost audit report and other documents with the Central Government
40	MGT-7	Annual Return
41	MR-1	Return of appointment of key managerial personnel
42	MSC-3	Return of dormant companies
43	NDH-1	Return of Statutory Compliances
44	NDH-3	Return of Nidhi Company for the half year ended
45	NDH-4	Application for declaration as Nidhi Company and for updation of status by Nidhis
46	PAS-3	Return of allotment
47	SH-11	Return in respect of buy-back of securities
48	A-XBRL	Form for filing XBRL document in respect of compliance report and other documents with the Central Government
49	DIR-3 KYC/Web form	Application for KYC of Directors
50	FC-1	Information to be filled by Foreign company
51	FC-2	Return of alteration in the documents filed for registration by foreign company
52	FC-3	Annual accounts along with the list of all principal places of business in India established by foreign company
53	FC-4	Annual Return of a Foreign Company
54	INC-22A	Active Company Tagging Identities and Verification (ACTIVE)
55	INC-20A	Declaration for commencement of business
56	AOC-5	Notice of address at which books of account are maintained
57	DIR-11	Notice of resignation of a director to the Registrar
58	GNL-3	Particulars of person(s) or key managerial personnel charged or specified for the purpose of sub-clause (iii) or (iv) of clause 60 of section 2
59	INC-20	Intimation to Registrar of revocation/surrender of license issued under section 8
60	INC-28	Notice of order of the Court or Tribunal or any other competent authority
61	MGT-6	Return to the Registrar in respect of declaration under section 89 received by the company
62	MGT-10	Changes in shareholding position of promoters and top ten shareholders
63	MGT-14	Filing of Resolutions and agreements to the Registrar under section 117
64	MGT-15	Form for filing Report on Annual General Meeting
65	Form 27 LLP	Form for registration of particulars by Foreign Limited Liability Partnership (FLLP
66	FORM 3	Information with regard to limited liability partnership agreement and changes, if any, made therein
67	FORM 8	Statement of Account & Solvency
68	FORM 15	Notice for change of place of registered office
69	FORM 11	Annual Return of Limited Liability Partnership (LLP)

70	FORM 4	Notice of appointment, cessation, change in name/ address/designation of a designated partner or partner and consent to become a partner/designated partner
71	FORM 5	Notice for change of name
72	FORM 12	Form for intimating other address for service of documents
73	FORM 22	Notice of intimation of Order of Court/ Tribunal/CLB/ Central Government to the Registrar
74	FORM 31	Application for compounding of an offence under the Act
75	FORM 23	Application for direction to Limited Liability Partnership (LLP) to change its name to the Registrar
76	Form 29 LLP	Notice of (A) alteration in the certificate of incorporation or registration; (B) alteration in names and addresses of any of the persons authorised to accept service on behalf of a foreign limited liability partnership (FLLP) (C) alteration in the principal place of business in India of FLLP (D) cessation to have a place of business in India

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LLP settlement Scheme, 2020

LLP settlement Scheme, 2020

1. It has been almost over a decade since LLP Act came into being. The Limited Liability Partnership (LLP) is viewed as an alternative corporate business vehicle that provides the benefits of Limited Liability but allows its members the flexibility of organizing their internal structure as a partnership based on a mutually arrived agreement. Owing to flexibility in its structure and operation, the LLP often become the preferred option for small enterprises.

2. It has come to the notice of Government that a large number of LLPs have defaulted in filing Form (3) viz. LLP Agreement and changes therein and statutory return viz. Form-8- Statement of Account & Solvency (Annual or Interim) and Form-11- Annual Return of LLP. In the event of requisite forms not being filed within prescribed time presently LLPs may file such documents on payment of additional fee for one hundred rupees for every day of such delay under Section 69 of the LLP Act in addition to any fee as is payable for filing of such document or return.

3. A large number of representations were received from various quarters for waiver of fee or con-donation of delay and relaxations in additional fee on the ground of excessive financial burden.

4. It is also noted that a large number of LLPs are not filing their due statutory documents (i.e. Information with regard to LLP agreement and changes etc., Notice of Appointment of Partner/ Designate Partner etc. and other Annual filing documents i.e. Statement of Account & Solvency and Annual Returns) in a timely manner with the Registrar. Form 3 is filed for filing Information with regard to LLP agreement and changes, if any made therein and Form-4 is for filing Notice of Appointment of Partner/ Designated Partner, his consent etc. which are required to be filed with the prescribed fee.

5. Due to this, the records available in the electronic registry are not updated and they are not available to the stakeholders for inspection. Further, due to not filing the required documents on time the LLPs and their designated partners are liable for criminal prosecution and the said LLPs cannot be closed till all compliances are completed.

6. As part of Government’s constant efforts to promote ease of doing business it has been decided to give a Onetime relaxation in additional fees to the defaulting LLPs to make good their default by filing pending documents and to serve as a compliant LLP in future.

7. The Central Government in exercise of its power u/s 460 of the Companies Act, 2013 (extended to LLPs vide Gazette Notification No. G.S.R. 59(E) Dated 30th January, 2020 u/s 67 (2) of the Limited Liability Partnership Act, 2008) has decided to introduce a scheme namely “LLP Settlement Scheme, 2020”, by allowing a One-time condonation of delay in filing statutorily required documents with the Registrar.

8. The details of the scheme are as under:

(i.) This scheme shall come into force on the 16th March, 2020 and shall remain in force up to 13th June, 2020.

(ii.) Definitions: In this scheme, unless the context otherwise requires, –

(a) “Act” means the Limited Liability Partnership Act, 2008;

(b) “LLP” means a LLP as defined in Section 2 (n) of the Limited Liability Partnership Act, 2008;

(c) “defaulting LLP” means a LLP registered under the Limited Liability Partnership Act, 2008 which has made a default in filing of documents on the due date(s) specified under the LLP Act, 2008 and rules made there under;

(iii.) Applicability: – Any “defaulting LLP” is permitted to file belated documents, which were due for filing till 31st October, 2019 in accordance with the provisions of this Scheme:

(iv) Manner of payment of fees and additional fee on filing belated document for seeking immunity under the Scheme – The defaulting LLPs may themselves avail of the scheme for filing documents which have not been filed or registered in time on payment of additional fee Rs 10/- per day for delay in addition to any fee as is payable for filing of such document or return, provided that such payment of additional fee shall not exceed Rs. 5,000/- per document.

(vi)Immunity from prosecution in respect of document(s) filed under the scheme – The defaulting LLPs, which have filed their pending documents till 13th June 2020 and made good the default, shall not be subjected to prosecution by Registrar for such defaults.

(vii.) Scheme not to apply to certain documents –

(a.) This Scheme shall not apply to the filing of documents except the following documents:-

(i) Form-3- Information with regard to limited liability partnership agreement and changes, if any, made therein;

(ii) Form-4- Notice of appointment, cessation, change in name/ address/ designation of a designated partner or partner and consent to become a partner/ designated partner;

(iii) Form-8- Statement of Account & Solvency (Annual or Interim);

(iv) Form-11- Annual Return of Limited Liability Partnership (LLP).

(b.) This Scheme shall not apply to LLPs which has made an application in Form 24 to the Registrar, for striking off its name from the register as per provisions of Rule 37(1) of the LLP Rules, 2009.

9. On the conclusion of the Scheme, the Registrar shall take necessary action under the LLP Act, 2008 against the LLPs which have not availed this Scheme and are in default in filing of documents as required under the provisions of LLP Act, 2008 in a timely manner.

10. This issues with the approval of the competent authority.