24 September 2014
I need to close down my company .. got to know about CLSS 2014 .. by which I can get exemption and discount on penalty etc. Can anyone help ?? my number is 9911906789 .. urgent as only few days left.. thanx
24 September 2014
In order to give an opportunity to the defaulted companies enabling them to make their default good by filing belated documents, the Central Government launched a scheme known as ‘Company Law Settlement Scheme, 2014’. This scheme will be in operation from 15.08.2014 to 15.10.2014. This scheme gives to such companies-
•immunity for prosecution; and •charging a reduced additional fee of 25% of the actual additional fees payable under Section 403 of the Act read with Companies (Registration Office and Fees) Rules, 2014.
This scheme also gives an opportunity to inactive companies to get their companies declared as ‘dormant company’ as under Section 455 of the Act by filing a simple application at reduced fees.
The details of this scheme are as detailed below:
•A defaulted company is permitted to file belated documents which were due for filing till 30th July, 2014; •The company is to pay statutory fee along with 25% of the actual additional fee; •If a defaulted company files any appeal against any notice issued or complaint filed before the competent court for violation of the provisions in respect of which application is made under this scheme, the applicant before filing for issue of immunity certificate, shall withdraw the appeal and furnish proof for such withdrawal; •The relevant application form CLSS 2014 may be made electronically annexing the following documents- ◦Proof of withdrawal of any appeal(s) against any notice issued or complaint filed before the competent court; ◦Details in respect of prosecution(s) pending against the company and its officers in respect of belated documents filed under the scheme which requires withdrawal by the Registrar; ◦Details of Director(s) declared as proclaimed offender or facing criminal case(s) for economic offences; ◦Optional document(s), if any are taken on file, or on record or approved by the Registrar of Companies as the case may be.
•The designated authority shall consider the application and upon being satisfied shall grant the immunity certificate in respect of documents filed under this scheme; •After that the Registrar shall withdraw the prosecution (s) pending if any before the concerned Court (s).
This scheme is not applicable to the filing of belated documents other than the following-
•Form – 20B – Form for filing annual return by a company having share capital; •Form – 21A - Particulars of Annual return for the company not having share capital; •Form – 23AC, 23ACA, 23AC-XBRL and 23ACA – XBRL – Forms for filing balance sheet and profit and loss account; •Form 66 – Form for submission of Compliance Certificate with the Registrar; •Form 23B – Form for intimation of appointment of auditors.
This scheme shall not apply to the companies as detailed below:
◦Companies against which action for striking off the name under Section 560(5) has already been initiated by the Registrar of Companies; or ◦Where any application has been filed by the companies for action of striking off name from the Registrar of Companies; or ◦Where applications have been filed for obtaining dormant status under Section 455 of the Act; or ◦To vanishing companies. At the conclusion of this scheme the Registrar shall take necessary action under the Companies Act, 1956/2013 against the companies who have not availed this scheme and are in default in filing these documents in a timely manner.
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