As per the Company Fresh Start Scheme (CFSS), emerged on 30/03/2020 vide General circular No. 12/2020; all type of Companies can file their e-form even after the due date without any additional fees till 31st December 2020 and after the Closure of the CFSS scheme the Ministry of Corporate Affairs has issued e-form CFSS 2020, for seeking immunity in respect to the belated document filed by the Company. Therefore, as on 15th January as per the Notification of MCA, the e-form CFSS 2020 is available for filing.
Contents
A. PURPOSE: To grant immunity certificate to the Company who will file CFSS 2020 form.
For seeking Immunity in respect to the belated document filed by any of the Company, i.e., who had file the form under CFSS Scheme between 31st March 2020 to 31st December 2020 are required to file this e-form CFSS-2020 electronically on MCA portal.
Application for issue of Immunity not applicable in the following cases:
- • In the matter of any pending appeal before the court or any management disputes of the Company is pending before the court of law or Tribunal.
- In case the court has ordered any conviction in any of the matter referred, or any order been passed for imposing penalty by an adjudication Authority under the Act, and no appeal has been preferred against such orders of the adjudication Authority before this scheme has come into force.
B. APPLICABILITY
To all those Companies who has filed form under this scheme between 31st Mach, 2020 to 31ST December 2020, therefore, under e-form CFSS 2020 the Companies are required to mention the SRN of all the forms filed after the due date.
C. NON-APPLICABILITY:
The form CFSS-2020 shall not be required to be filed to the following g Companies:
• Who has filed their form within the due date.
• Who has filed their forms after 1ST January 2021
• Who has filed their form before 31st March 2020
D. DUE DATE:
The e-form can be filed w.e.f 15th January 2021 to 30th June 2021.
Therefore the last date for filing this e-form CFSS-2020 is 30th June 2021.
E. ORDER BY DESIGNATED AUTHORITY GRANTING IMMUNITY FROM PENALTY AND PROSECUTION
An immunity certificate in respect of the belated documents filed under this scheme shall be issued by the designated authority, to the Companies who will file e-form CFSS 2020 on or after 15th January 2021 till 31st June 2021.
Further, as such there be will be no fees for filing of this e-form CFSS-2020, but non-filing of the form by the Company shall liable for the action of penalty from the Designated Authority (ROC).
F. EFFECT OF THE IMMUNITY CERTIFICATE:
After granting of the immunity certificate, the concerned designated Authority shall withdraw the pending prosecution (if any).
Thanks & Best Regards
CS Riya Khurana
Csriyakhurana@gmail.com
Contact No.: 8810649870
Cs Riya Khurana
Cs Riya Khurana – CFSS Fresh Form 2020