The Ministry of Corporate Affairs (“MCA”) has, notified the Companies (Registration Offices and Fees) Third Amendment Rules, 2019 (“Amendment”) to the Companies (Registration Offices and Fees) Rules, 2014 (“Rules”). The Amendment is effective from April 30, 2019.
As per the Amendment, the Annexure to the Rules has been revised and now the existing specified additional fees shall be applicable to “Forms excluding charge documents” as opposed to the earlier position where it applied to “Forms including charge documents”.
The fees for filing charge documents has been separately specified and is detailed below:
- For charges created or modified before November 2, 2018, and allowed to be filed within a period of 300 days of such creation or 6 months from November 2, 2018, as the case may be, the additional fees payable shall be as follows-
| Period of delay | Additional Fee applicable |
| Up to 30 days | 2 times of normal fees |
| More than 30 days and up to 60 days | 4 times of normal fees |
| More than 60 days and up to 90 days | 6 times of normal fees |
| More than 90 days and up to 180 days | 10 times of normal fees |
| More than 180 days | 12 times of normal fees |
- For the charges created or modified on or after the 2nd November, 2018:-
a. the following additional fees or advalorem fees, as the case may be, shall be payable up to July 31, 2019, by all companies:-
| Period of delay | Additional/Advalorem Fees applicable |
| Up to 30 days | 2 times of normal fees |
| More than 30 days and up to 60 days | 4 times of normal fees |
| More than 60 days and up to 90 days | 6 times of normal fees |
b. the following additional fees or advalorem fees as the case may be, shall be payable with effect from August 1, 2019-
| Period of delay | Small Companies and One Person Company | Other than Small Companies and One Person Company |
| Up to 30 days | 3 times of normal fees | 6 times of normal fees |
| More than 30 days and up to 90 days | 3 times of normal fees plus an ad valorem fee of 0.025 per cent. of the amount secured by the charge, subject to the maximum of one lakh rupees. | 6 times of normal fees, plus an ad valorem fee of 0.05 per cent. of the amount secured by the charge, subject to the maximum of five lakh rupees”. |
Source: Ministry of Corporate Affairs
