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Amendment in Section 403 of the Companies Act, 2013 and notification of Companies (Registration Offices and Fees) Amendment Rules, 2022 w.e.f. 01st July, 2022
January, 13th 2022

Corporate Laws & Corporate Governance Committee
The Institute of Chartered Accountants of India
12th January, 2022

-----------------------------------------------------------------------------------------------

ANNOUNCEMENT

Sub: Amendment in Section 403 of the Companies Act, 2013 and notification of
Companies (Registration Offices and Fees) Amendment Rules, 2022 w.e.f.
01st July, 2022

This is to inform you that the Central Government has appointed the 01st July, 2022 as the
date on which the following provisions of the Companies (Amendment) Act shall come into
force namely:

S Section of the Section of the Particulars

No. Companies Companies Act, 2013

(Amendment) Act

1 Second and third proviso First and second proviso to Fee for filing etc.

to clause (i) of Section 80 Section 403(1)

of the Companies

(Amendment) Act, 2017

2 Section 56 of the Third proviso to Section Fee for filing etc.
Companies (Amendment) 403(1)
Act, 2020

Accordingly, revised Section 403(1) of the Companies Act, 2013 is as follows:

(1) Any document, required to be submitted, filed, registered or recorded, or any fact or
information required or authorised to be registered under this Act, shall be submitted, filed,
registered or recorded within the time specified in the relevant provision on payment of such
fee as may be prescribed.

Provided that where any document, fact or information required to be submitted, filed,
registered or recorded, as the case may be, under section 92 or 137 is not submited, filed,
registered or recorded, as the case may be, within the period provided in those sections,
without prejudice to any other legal action or liability under this Act, it may be submitted,
filed, registered or recorded, as the case may be, after expiry of the period so provided in
those sections, on payment of such additional fee as may be prescribed, which shall not be
less than one hundred rupees per day and different amounts may be prescribed for different
classes of companies.

Provided further that where the document, fact or information, as the case may be, in cases
other than referred to in the first proviso, is not submitted, filed, registered or recorded, as
the case may be, within the period provided in the relevant section, it may, without
prejudice to any other legal action or liability under this Act, be submitted, filed, registered
or recorded as the case may be, on payment of such additional fee as may be
prescribed and different fees may be prescribed for different classes of companies.

Provided also that where there is default on two or more occasions in submitting, filing,
registering or recording of such document, fact or information, as may be prescribed, it
may, without prejudice to any other legal action or liability under this Act, be submitted,
filed, registered or recorded, as the case may be, on payment of such higher additional fee,
as may be prescribed.

Further, it is to be noted that pursuant to the aforementioned amendment in
section 403 of Companies Act, 2013, the Ministry of Corporate Affairs has notified
Companies (Registration Offices and Fees) Amendment Rules, 2022 which shall
come into force w.e.f. 01st July, 2022.

Accordingly, with the introduction of the said Amendment Rules, the following table has
been substituted in sub-item B of Annexure of the Companies (Registration Offices and
Fees) Rules, 2014.

Therefore, following table of additional fee and higher additional fee (in certain cases) shall
be applicable for delay in filing of forms other than for increase in Nominal share capital or
forms under section 92/137 of the Act or forms for filing charges.

TABLE

SI. Period of delays Additional fee as Higher additional

No a multiple of fee as a multiple

normal of normal fees

fees (for certain cases)

(1) (2) (3) (4)

1 Upto 15 days (sections 139 and 157) One time of normal -

fees

2 More than 15 days and upto 30 days 2 times of normal 3 times of normal

(Section 139 and 157) and upto 30 filing fees filing fees

days in remaining forms

3 More than 30 days and upto 60 days 4 times of normal 6 times of normal

filing fees filing fees

4 More than 60 days and upto 90 days 6 times of normal 9 times of normal

filing fees filing fees

5 More than 90 days and upto 180 days 10 times of normal 15 times of normal
6 Beyond 180 days filing fees filing fees
12 times of normal 18 times of normal
filing fees filing fees

Note 1: Higher additional fees shall be payable, if there is a delay in filing e-form INC-22, or
e-form PAS-3, as the case may be, on two or more occasions, within a period of three
hundred and sixty five days from the date of filing of the last such belated e-form for which
additional fee or higher additional fee, as the case may be, was payable.
Note 2: Wherever higher additional fee is payable, additional fee shall not be charged.

Note 3: E-form INC-22, or e-form PAS-3, as the case may be, filed prior to the
commencement of the Companies (Registration Offices and Fees) Amendment Rules, 2022
shall not be reckoned for the purposes of determining higher additional fee.

Members may note the above.

Notification is available at the link-
• Commencement notification of Section 56 of the Companies (Amendment) Act, 2020

https://www.mca.gov.in/bin/dms/getdocument?mds=%252F1gywEL3uai%252Fowv0QtP
AKw%253D%253D&type=open

• Commencement notification of Section 80 of the Companies (Amendment) Act, 2020
https://www.mca.gov.in/bin/dms/getdocument?mds=O7YNA0Zg2jjii0fhNar4%252Bw%25
3D%253D&type=open

• Notification of Companies (Registration Offices and Fees) Amendment Rules, 2022
https://www.mca.gov.in/bin/dms/getdocument?mds=%252FwqhpSXC6%252BFxaMTdJJ
WnnA%253D%253D&type=open

Sincerely Yours,

Chairman and Vice Chairman
Corporate Laws & Corporate Governance Committee
The Institute of Chartered Accountants of India

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