In view of the continued impact of CoVID-19, the Ministry of Corporate Affairs vide its circular no 12/2021 dated 30.06.2021 has further granted relief in respect of filing of forms related to creation/modification of charges under the Companies Act, 2013 by extending the timelines as specified in earlier circular no 07/2021 dated 03.05.2021.
Accordingly, the figures “31.05.2021” and “01.06.2021” wherever they appear in the aforesaid previous circular has been substituted with “31.07.2021” and “01.08.2021” respectively.
Therefore, now relaxation has been provided in respect of filing of form CHG-1 and CHG-9 by a company or charge holder, where the date of creation/modification of charge:
- is before 01.04.2021, but the timeline for filing such form had not expired u/s 77 of the Act as on 01.04.2021, or
- falls on any date between 01.04.2021 to 31.07.2021 (both dates inclusive)
Further, the period from 01.04.2021 to 31.07.2021 shall not be reckoned for the purpose of counting the number of days for filing e-form CHG-1 and CHG-9.
Moreover, it is to be noted that the rest of the requirements as stated in the circular no 07/2021 shall remain the same and the aforesaid extension shall be without prejudice to any belated filings that may have already been made along with additional fees/advalorem fee.
Circular is available at the link:
Members may take note of the above and plan accordingly.
Chairman and Vice Chairman
Corporate Laws & Corporate Governance Committee
The Institute of Chartered Accountants of India