Sections 403 and 404 of the Companies Act 2013: Filing Fees, Additional Fees and Public Account
Sections 403 and 404 of the Companies Act, 2013 deal with fees for filing documents, facts and information under the Act and the manner in which statutory fees and other sums received by specified Central Government officers are credited to the Public Account of India.
Meaning and scope of Section 403 - Fee for filing, etc.
Section 403 governs the fee consequences when a document, fact or information is required or authorised to be submitted, filed, registered or recorded under the Companies Act, 2013. The applicable filing period must first be identified from the relevant provision of the Act. The prescribed fee and additional fee structure is read with the Companies (Registration Offices and Fees) Rules, 2014, as amended from time to time.
Section 403(1)
Any document required to be submitted, filed, registered or recorded, or any fact or information required or authorised to be registered under the Act, is to be submitted, filed, registered or recorded within the time specified in the relevant provision on payment of the prescribed fee.
Delayed filing under Sections 92 and 137
Where a document, fact or information required under Section 92 or Section 137 is not filed within the period provided in those sections, it may be filed after expiry of that period on payment of the prescribed additional fee. The statutory provision specifies that the additional fee shall not be less than one hundred rupees per day and permits different amounts for different classes of companies. This is without prejudice to other legal action or liability under the Act.
Other delayed filings
For cases other than those covered by the first proviso, a delayed document, fact or information may be submitted, filed, registered or recorded on payment of the prescribed additional fee. Different fees may be prescribed for different classes of companies.
Repeated defaults
Where there is default on two or more occasions in submitting, filing, registering or recording a prescribed document, fact or information, a higher additional fee may be prescribed. The higher fee is without prejudice to any other legal action or liability under the Act.
Section 403(2) - Liability despite payment of fee
If a company fails or defaults in submitting, filing, registering or recording a document, fact or information before expiry of the period specified in the relevant section, the company and its officers in default remain liable for the penalty or punishment provided by the Act, without prejudice to liability for the filing fee and additional fee.
Important amendments affecting Section 403
The present structure of Section 403 reflects amendments made by the Companies (Amendment) Act, 2017 and the Companies (Amendment) Act, 2020. The provisions concerning delayed filings, higher additional fees for repeated defaults and continuing liability for the underlying default should therefore be read in their amended form and together with the current fee rules.
| Issue | Effect |
|---|---|
| Normal filing | File within the period stated in the relevant provision and pay the prescribed fee. |
| Late filing under Sections 92 or 137 | Additional fee applies as prescribed, subject to the statutory minimum basis stated in Section 403. |
| Other late filings | Additional fee may apply in accordance with the prescribed rules and fee table. |
| Repeated prescribed defaults | Higher additional fee may apply. |
| Penalty or punishment | Payment of filing fee or additional fee does not automatically extinguish separate liability for the default. |
Section 404 - Fees, etc., to be credited into public account
Section 404 provides that all fees, charges and other sums received by a Registrar, Additional Registrar, Joint Registrar, Deputy Registrar, Assistant Registrar or any other officer of the Central Government in pursuance of the Companies Act, 2013 are to be paid into the Public Account of India in the Reserve Bank of India.
In practical terms, Section 404 deals with the destination and accounting of statutory receipts collected under the Act. The Companies (Registration Offices and Fees) Rules, 2014 prescribe the fee framework and payment mechanism for filings and other services.
Official legal resources
For filing a form or calculating a fee, users should verify the latest form, due date, fee table, notification and portal instruction because MCA filing requirements and electronic forms may be updated independently of the bare statutory text.
- Ministry of Corporate Affairs - official MCA portal
- India Code - official Central legislation database
- MCA - Table of Fees under the Companies (Registration Offices and Fees) Rules, 2014
Related Companies Act provisions
Section 403 is especially relevant when reading provisions that prescribe filing periods, including Section 92 on annual returns and Section 137 on filing financial statements. The consequence of a delay should be determined by reading the particular filing provision, Section 403, the applicable rules, the current MCA form and fee instructions, and any separate penalty provision together.
This page is intended as a statutory reference and general legal information. For an actual filing, verify the current MCA form, applicable rules, notifications, due date and fee generated by the MCA system.