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Condonation of delays in filing documents - Company Law Settlement Scheme, 2011, granting immunity from prosecution and charging additional fee of 25 per cent of actual additional fee payable for filing belated documents.

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....s are burdened with additional fee, facing the prosecutions and being debarred from filing other documents electronically as provided in Circular No. 33/2011, dated 1-6-2011 also. 2. In order to give an opportunity to the defaulting companies to enable them to make their default good by filing such belated documents and to become a regular compliant in future, the Ministry, in exercise of the powers under sections 611(2) and 637B(b) of the Companies Act, 1956 has decided to introduce a Scheme namely, "Company Law Settlement Scheme, 2011," condoning the delay in filing documents with the Registrar, granting immunity from prosecution and charging additional fee of 25 per cent of actual additional fee payable for filing belated documents un....

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....ional fee standardised under sub-section (2) of section 611 of the Companies Act, 1956, payable on the date of filing of each belated document;  (v)  Withdrawal of appeal against prosecution launched for the offences - If the defaulting company has filed any appeal against any notice issued or complaint filed before the competent court for violation of the provisions under the Act in respect of which application is made under this Scheme, the applicant shall before filing an application for issue of immunity certificate, withdraw the appeal and furnish the proof of such withdrawal along with the application; (vi)  Application for issue of immunity in respect of document(s) filed under the scheme - The applicat....

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....he Registrar of Companies;  (ix)  After granting the immunity, the Registrar concerned shall withdraw the prosecution(s) pending if any before the concerned Court(s); 3. At the conclusion of the Scheme, the Registrar shall take necessary action under the Companies Act, 1956 against the companies who have not availed this Scheme and are in default in filing of documents in a timely manner. FORM [Pursuant to Company Law Settlement Scheme, 2011] Application for issue of immunity certificate under the Company Law Settlement Scheme (CLSS), 2011   Note - All fields marked in *are to be mandatorily filled. To The Registrar of Companies,   Sir/ Madam, I herewith make an application for is....

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....    4.  *Whether any appeal(s) was filed against any notice issued or complaint filed before the competent court for violation of the provisions under the Act in respect of the above mentioned document(s). If yes, attach proof of withdrawal of such appeal ¡ Yes  ¡    No    ¡     Not applicable    5.  *Whether any prosecution(s) is pending in court against the company and its officers in respect of belated documents filed under the scheme. If yes, provide details thereof as an attachment. ¡ Yes  ¡    No    6.  *Whether any director(s) of the company is declared as proc....

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.... comply with the provisions of the Act as mentioned in respect of filing of above mentioned documents.   *o  The company has withdrawn the appeals pending before any Court or Company Law Board or Regional Director or  any other adjudicating authority.           To be digitally signed by         Managing Director or director or manager or secretary of the company             *Designation       *Director identification number of the director or Managing Director; or Income-tax permanent account number (Income-tax PAN) of the manager; or &nbsp....