02 April, 2020 / Internationalization

INDIA and COMPANIES : ‘’COMPANIES FRESH START SCHEME 2020’’

INTRODUCTION

In view of the Covid-19 pandemic and with the aim of providing companies with a unique opportunity, the Indian Ministry of Corporate AffairsMCA) unveiled on March 30, 2020, a new plan called Companies Fresh Start Scheme 2020 (CFSS-2020) regarding delays in the submission of corporate documentation and to authorize any non-compliance in registrations, regardless of duration, in order to create a true “new beginning” as a fully compliant entity.

KEY POINTS OF THE ‘FRESH START SCHEME 2020’

The new regulation came into effect on April 1st and will remain in effect until September 30, 2020.

The Fresh Start Scheme guarantees immunity to companies with regard to the deposit of additional taxes and to criminal actions or proceedings for any delays associated with the late filing of documents. It also ensures the reduction of compliance During this unprecedented period caused by COVID-19.

Companies can file all pending payments, declarations, or documents with the Registrar of Companies (RoC) at no additional cost, regardless of the due date. This means that any defaulting company must pay the normal prescribed taxes for each return filed late, but no additional fees will be due.

This immunity will not be granted for subsequent violations of the law. This means that the benefit under this scheme can be used for defaults by Companies existing before March 31, 2020, but does not provide immunity for defaults that occurred subsequently, i.e., from April 1, 2020, onwards.

HOW TO TAKE ADVANTAGE OF THE BENEFITS WITHIN THIS REGIME:

Requests for immunity under the CFSS-2020 regime can be submitted electronically by completing the relevant e-Form CFSS-2020. Consequently, the scheme requires businesses to default to writing off all outstanding documents up to September 30, 2020.

Subsequently, companies will have to submit the electronic form. CFSS-2020 Within 6 months after the end of the Plan CFSS-2020, therefore by March 31, 2021. The competent authority, upon filing, will issue a ‘Certificate of Immunity’ for the filed documents. However, immunity under the CFSS-2020 regime is not applicable in some specific cases.

NON-APPLICABILITY OF THE REGIME

The CFSS-2020 scheme not applicable in the following cases:

To increase the authorized share capital and all related expense forms.

For companies that have applied for deregistration from the business register.

For companies that have applied for “dormant company” status. Any inactive company will be allowed to continue to remain on the Ministry's register (MCA) if minimum compliance requirements are met.

For companies with respect to which dissolution proceedings have been initiated.

For companies that have merged through a scheme of arrangement or compromise under the law.

For “shell” companies.

IMPORTANT NOTE:
Upon the conclusion of the CFSS-2020 plan, the competent authorities will take the necessary actions in accordance with their respective legal provisions against all companies that continue to be non-compliant with the submission of documents and have not availed themselves of the extraordinary regime of the CFSS-2020 plan.

As a reminder, the Octagona Task Force as Knowledge Partner of the Indian Embassy is available to provide free support, detailed information and advice to all Italian companies that may need it.

Regarding this matter, you can contact: