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Companies LLP

Why this is the best time to revive your inactive companies or LLPs ?
Due to the outbreak of the COVID-19 pandemic, the Ministry of corporate affairs has taken various measures to reduce the compliance burden and facilitate the ease of doing business. This in turn has become an opportunity in times of despair for the companies and the LLPs who were non-compliant in filing of various forms to be filed with the Ministry of corporate affairs. Among various other measures taken, most notable ones are Companies Fresh Start Scheme, 2020 and LLP Settlement Scheme, 2020. These schemes are promulgated to give an opportunity to the non-compliant, defaulting and inactive Companies and LLPs to become compliant and active and to grant immunity from launching of prosecution or proceedings for imposing penalty on account of the filings of the forms.
The Companies Fresh Start Scheme, 2020:
The following are the details of the scheme

S.No.	Particulars	Description
1	Duration of the scheme	01-04-2020 to 30-09-2020
2	Applicability	Defaulting companies and Inactive companies
3	Forms that can be filed	See Table A below
4	Fee payable	Only normal fee for the applicable form without any additional fee
5	Immunity	Prosecution or proceedings for imposing penalty only for the delay in filings of the forms.
6	If any appeal in pending in respect of statutory filing	Shall withdraw the appeal before the application is made for issue of immunity certificate
7	Cases where adjudicating authority has passed an order in respect of statutory filing but appeal could not be filed	Where the last date of filing appeals falls between 01-03-2020 and 31-05-2020 (both dates included), an additional 120 days shall be allowed from such last date to file the appeal. Prosecution for non-compliance shall not be initiated during such additional period.
8	Application for issue of immunity in respect of documents filed	An electronic Form CFSS-2020 shall be filed after closure of scheme and the documents are taken on record, but not later than 6 months from 30-09-2020, i.e., by 31-03-2021.
9	Non applicability of the scheme	a) Appeals pending in respect of management disputes pending before any court of law or tribunal b) If a court has ordered conviction in any matter or penalty imposed by an adjudicating authority and no appeal has been filed in respect of such matters before the commencement of this scheme. c) Companies against which action for final notice for striking off the name has already been initiated d) Application already filed by the company for striking off the name of the company from the register of companies e) companies which have amalgamated under a scheme of arrangement or compromise under the Act f) Application has already been filed for obtaining Dormant status g) vanishing companies h) Where the forms are related to increase in authorized capital (SH-7) or charge related documents (CHG-1, CHG-4, CHG-8 & CHG-9)
10	Order of granting immunity	The designated authority shall issue an immunity certificate based on the declaration made in Form CFSS-2020

The defaulting inactive companies while filing the due documents can choose to get themselves declared as Dormant company by filing e-form MSC-1 if they wish to carry their business at some later point in the future without having to worry about the annual filings.
The defaulting inactive companies can also choose to apply for striking off the name of the company by filing form STK-2 if they wish to close the company.
The companies and their directors are advised to use this opportunity as the additional fee in respect of annual forms is Rs.100/- per day for each form and up to Rs.7,200/- for each form in respect of other forms for defaulting companies and companies who do not avail this scheme, apart from immunity from prosecution proceedings .
Necessary action will be initiated by the designated authority against the companies who have not availed this scheme and are still in default of filing the documents.
LLP Settlement Scheme, 2020 (Modified):
The Ministry of Corporate Affairs has initially introduced a LLP Settlement Scheme, 2020 w.e.f., 16-03-2020, allowing the defaulting LLPs to file the forms due to be filed till 31-10-2019 with a reduced additional fee of Rs.10/- day up to a maximum of Rs.5,000/- per form. The above scheme has been modified in order to support and enable LLPs to file the forms due and reduce their compliance burden.
The following are the details of the scheme:

S.No.	Particulars	Description
1	Duration of the scheme	01-04-2020 to 30-09-2020
2	Applicability	Defaulting LLPs
3	Forms that can be filed	See Table A below - due till 31-08-2020
4	Fee payable	Only normal fee for the applicable form without any additional fee
5	Immunity	Prosecution or proceedings for imposing penalty only for the delay in filings of the forms.
6	Non applicability of the scheme	The LLPs which have made application for strike off of their name from the register

The LLPs and their partners are advised to use this opportunity as the additional fee in respect of the forms is Rs.100/- per day for each form for defaulting LLPs and LLPs who do not avail this scheme, apart from immunity from prosecution proceedings.

Necessary action will be initiated by the designated authority against the LLPs who have not availed this scheme and are still in default of filing the documents.
Table A

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 reappointmentandremuneration orincreasein remuneration or waiver for excessor 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
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-5e- 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
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 inIndia of FLLP (D) cessation to have a place of business in India

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