This blog is with respect to your Private / Public Limited Company / One Person Company status wherein you hold the position as a director and the annual return or balance sheet / financial statements are pending to be filed with the Registrar of Companies.
Kindly note that The Companies (Registration Offices and Fees) Second Amendment Rules 2018 has been notified on 7th May 2018.
Accordingly, in case the due date of filings under Section 92 (Annual Return) or 137 (Annual Financial Statement) of the Companies Act, 2013 expires after 30/06/2018, the additional fee @Rs.100 per day shall become payable in respect of MGT-7, AoC-4, AoC-4 XBRL and AoC-4 CFS.
In all other cases where the belated annual returns or balance sheet/financial statement which were due to be filed whether under the Companies Act,1956 or the Companies Act, 2013, additional fee as per the applicable slab for the period of delay up to 30th June 2018 plus @Rs.100 per day w.e.f 1st July 2018 shall become payable. (For above mentioned forms)
So, till now, there is upper limit of late fees. However, now there will be late fees of Rs. 100 per day without any upper ceiling limit.
So, you may note the following advice for the same:
- If you have not filed the Annual Return or Financial Statements with Registrar of Companies, then the same are required to be filed immediately else, Late fees up to 30th June 2018 + Rs. 100 per day from 1st July, 2018 will be levied.
- If your company is not active and there is no plan to make it active then it is advisable to close it rather to make it active and pay the unnecessary late fees.