Time period of the CFS Scheme will come into force on April 1 2020 and will remain in force till September 30, 2020.
Immunity has been provided to companies in relation to prosecution or proceedings for imposing an additional penalty in relation to delay in filing of belated documents. However, the CFS Scheme does not provide immunity for any other consequential proceedings including proceedings involving the interest shareholders or any other person qua the company or its directors or key managerial personnel etc.Immunity will not be granted in matters of any appeal pending before any court or in case of management of disputes of the company pending before any court or tribunal. Moreover, immunity will not be granted in the event any court has ordered conviction, or any adjudicating body has imposed penalty and no appeal has been preferred against such orders before the CFS Scheme came into force.
Immunity certificate is the application is required to be filed in Form CFSS-2020 in order to seek immunity with respect to the belated documents filed under the CFS Scheme. Such application will be required to be made after closure of the CFS Scheme and the documents are taken on record but before the expiry of 6 (six) months from the date of closure of CFS Scheme. On the basis of declaration made in Form CCFS-2020 with respect to the documents filed under the CFS Scheme, immunity certificate will be issued by the designated authority.
Effect of Immunity is the granting immunity, the designated authority will be required to withdraw any pending prosecutions before the concerned court(s) and any pending proceedings of adjudication of penalties under Section 454 of the Companies Act except for matters wherein a court has ordered conviction or an adjudicating body has imposed penalty and no appeal has been preferred against such orders before the CFS Scheme came into force.
Withdrawal of appeal for the event the defaulting company has filed any appeal against any notice issued or complaint filed or order passed by a court or any adjudicating authority, then the applicant is required to withdraw the appeal and furnish proof of such withdrawal before applying for the immunity certificate
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The Company has to file a form for the “Issue of Immunity Certificate ” for which the filing fees are nil.
After receipt of the above-mentioned form, ROC will issue an immunity certificate to the Company i.r.t documents filed under the scheme.
Yes, as along with the filing of pending documents, an inactive Company can apply for
the following also, by payment of normal fee:
● Declare itself as Dormant Company by filing form MSC-1,
● Apply for striking off by filing form STK-2
Yes, the Applicant shall withdraw the appeal before filing the application for immunity(i.e. for waiver of fee and closure of prosecution) and have to submit a proof of withdrawal along with the application for granting immunity.