MCA Increases Additional Fees for Delay Filing of Form w.e.f July 1, 2022

Central Government has revised the entire structure relating to the additional fees applicable for delay form filing. The government has done the said amendment in view of the powers granted by the 396, 398, 399, 403 & 404 with sub-sections (1) and (2) of section 469 of the Companies Act, 2013 (18 of 2013). 

The said amendment seeks to revise the fee structure listed in the Companies (Registration Offices and Fees) Rules, 2014^[1], under item I (Fee for filing under section 403 of the Companies Act, 2013). 

The table below specifies the revised fee, which shall be applicable for delay in filing forms except for an increase in Nominal Share capital or form u/s 92/137 of the Act or forms for filing charges.

SI No	Delay duration	Additional fee as a multiple of standard fees	Higher additional fee as a multiple of standard fees (for certain circumstances)
1.	Upto fifteen days (section 139 & 157)	1x of standard fees
2.	More than fifteen days and up to thirty days (section 139 & 157) & thirty days in remaining forms	2 x of standard filing fees	3 x of standard filing fees
3.	More than 30 days & upto 60 days	4x of standard filing fees	6x of standard filing fees
4.	More than 60 days & upto 90 days	6x of standard filing fees	9x of standard filing fees
5.	More than 90 days & upto 180 days	10x of standard filing fees	15x of standard filing fees
6.	Above 180 days	12 x of standard filing fees	18x of standard filing fees

Note 1: Companies shall pay the higher additional fees in case there is a delay in filing form such as INC-22. or PAS-3, as the case may be, on two or more instances, within a duration of 365 days from the filing date of the last such belated form for which additional or higher additional fee (depending on the case) was payable

Note 2: in the case where a higher additional fee is applicable, an additional fee shall not be levied. 

Note 3: E-form PAS-3, or INC-22, as the case may be, filed before the starting the companies Companies (Registration Offices and Fees) Amendment Rules, 2022 shall not be deemed for the purposes of figuring put higher additional fee.

What is the purpose of INC-22 and PAS-3 e-form?

Answer: INC-22 is usually filed in case where companies aim to shift their register office. Whereas, PAS-3 is a MCA-based e-form that primarily deals with private placement of shares.

 Conclusion 

The considerable increment of the additional fees for delay form filing would compel companies abides by fees-based compliances in a timely manner. For the most part, this decision would likely minimize the chances of delayed filing and keep the companies on their toes as far as the timely fulfilment of fees-based compliances is concerned.

Read our article:MCA Update – The last date of filing Form 8 LLP is now 30.12.2021