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Wednesday, 13 August 2014

Company Law Settlement Scheme CLSS-2014 Extended till 15th November 2014

The Ministry of Corporate Affairs, in order to give an opportunity to companies who have failed to file annual statutory documents (Annual Return and Financial Statements), has launched  Company Law Settlement Scheme, 2014 (CLSS-2014), vide General Circular no. 34/2014 dated 12.08.2014.
The scheme gives an opportunity to the defaulting companies to enable them to make their default good by filing belated documents.
Corporates can avail the following benefits:
  1. Immunity from prosecution for delayed filing
  2. A reduced additional fee of 25% of the actual additional fees payable
  3. Escape for directors disqualified under section 164(2) of Companies Act, 2013
CLSS shall not apply to the filing of belated documents other than the following:
  1. Form 20B- Form for filing annual return by a company having share capital.
  2. Form 21A-Particulars of Annual Return for the company not having share capital.
  3. Form 23AC, 23ACA, 23AC-XBRL and 23ACA-XBRL- Forms for filing Balance Sheet and Profit & Loss account.
  4. Form 66- Form for submission of Compliance Certificate with the Registrar.
  5. Form 23B- Form for intimation for Appointment of Auditors.
                                                                         
Further, CLSS shall not apply in the following cases:
  1. Companies against which action for striking off the name under sub-section(5) of section 560 of Companies Act, 1956 has already been initiated by the Registrar of Companies or
  2. Where any application has already been filed by the companies for action of striking off name from the Register of Companies or
  3. Where applications have been filed for obtaining Dormant status under section 455 of the Companies Act, 2013
  4. Vanishing companies
Originally The scheme shall remain in force for a period of two months, i.e., from 15th August, 2014 to 15thOctober, 2014, how ever today Ministry of Company Affairs Company Law Settlement Scheme, 2014 has now been extended till 15th November 2014, as per the important Notices & Circulars of http://www.mca.gov.in/, which means we have one more moths time to utilize this benevolent Scheme.
You are kindly requested to disseminate the information to the corporates who have failed to file annual statutory documents, through your wide network and contacts, to utilize the benefits of the CLSS-2014, issued by the Ministry .
The CLSS-2014 is attached for your ready reference.