Last updated: October 6th, 2022 4:39 PM

Companies (Registration Offices and Fees) Amendment Rules, 2022

Recently, vide notification dated 11^th January 2022, the Ministry of Corporate Affairs notified the Companies (Registration Offices and Fees) Amendment Rules, 2022. It is important to note that the amendment rules are made effective from 1^st July 2022. Notably, the Companies (Registration Offices and Fees) Amendment Rules, 2022 prescribes the amount of additional fees and higher additional fees payable for delay in filing of prescribed forms. Further, it summarizes the situation when the higher additional fees get payable and also mentions the forms which are exempt from the same. In nut-shell, with effect from 1^st July 2022, any delay in compliance with the reporting requirement with MCA will turn out to be more expensive. The present article briefs the provisions introduced vide the Companies (Registration Offices and Fees) Amendment Rules, 2022.

Introduction of provisions relating to the higher additional fees-

The provisions of higher additional fees were introduced vide section 56 of the Companies (Amendment) Act, 2020. The said provisions were notified vide notification dated 28^th September 2020. However, the same is now made effective from 1^st July 2022, vide notification dated 11^th January 2022. The said amendment section 56, substituted the third proviso to section 403(1) of the Companies Act. Accordingly, the amendment stated as under-

• Higher additional fees will be payable by the defaulter in case there is the default on two or more occasions in filing, submitting, recording, or registering of a prescribed document, information or fact; and
• Such higher additional fees will be payable without prejudice to any other legal liability or action.

Companies (Registration Offices and Fees) Amendment Rules, 2022

As per rule 12 of the Companies (Registration Offices and Fees) Rules, 2014, fees or additional fees is payable for filing, submission, registration or recording of the document. Item A in the Annexure to rule 12 covers the fees payable, whereas, sub-item B in the Annexure to rule 12 covers the additional fees payable. The Companies (Registration Offices and Fees) Amendment Rules, 2022 substitutes sub-item B in the Annexure. The new quantum of additional fees and higher additional fees payable and the situation when the higher additional fees is payable is explained hereinbelow. Quantum of additional fees and higher additional fees payable is tabulated hereunder-

Particulars	Additional fees payable	Higher additional fees payable
Delay up to 15 days for eForm ADT-1 and eForm DIR-3C	1 time of the normal filing fees	-
Delay of more than 15 days up to 30 days for eForm ADT-1 and eForm DIR-3C	2 times of the normal filing fees	3 times of the normal filing fees
Delay up to 30 days for any other forms	2 times of the normal filing fees	3 times of the normal filing fees
Delay of more than 30 days up to 60 days for any forms	4 times of the normal filing fees	6 times of the normal filing fees
Delay of more than 60 days up to 90 days for any forms	6 times of the normal filing fees	9 times of the normal filing fees
Delay of more than 90 days up to 180 days for any forms	10 times of the normal filing fees	15 times of the normal filing fees
Delay beyond 180 days for any forms	12 times of the normal filing fees	18 times of the normal filing fees

The situation when the higher additional fees get payable-

1. There is a third delay in default in filing eForm PAS-3 (i.e., Form for Allotment of Securities) and eForm INC-22 (i.e., Form for Shifting of Registered Office) within the last 365 days; or
2. There is a third delay in default in filing any other form (like eForm DIR-12, eForm BEN-2, eForm DPT-3 etc.) during the lifetime of the company.

Exceptions to amendment rules-

The provisions of higher additional fees introduced vide Companies (Registration Offices and Fees) Amendment Rules, 2022 doesn’t apply to the following forms-

1. Form for the increase in authorized share capital [eForm SH-7];
2. Forms relating to registration/ modification/ satisfaction of charges [eForm CHG-1, eForm CHG-4 etc.];
3. Forms for filing of an annual return [eForm MGT-7, eForm MGT-7A etc.];
4. Forms for filing of an annual financial statement [eForm AOC-4; eForm AOC-4 CFS; eForm AOC-4 XBRL].