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Condonation of Delay Scheme-2018- Salient features

Condonation of Delay Scheme-2018 is applicable only to active defaulting companies i.e. it is not applicable to those companies which have been struck off from the Register of Companies.

Condonation of Delay Scheme-2018 (CODS- 2018)

Salient features

1. Condonation of Delay Scheme-2018 is applicable only to “active defaulting” companies i.e. it is not applicable to those companies which have been struck off from the Register of Companies.

Under Condonation of Delay Scheme-2018, the defaulting Company can file all the documents which were due for filing until 30/06/ 2017

2. Condonation of Delay Scheme-2018 shall be operational from 01st January, 2018 to 31st March, 2018.

3. ‘Defaulting Company’ means a company [other than a Company, whose name is stuck off by RoC] which has not filed its financial statements or annual return for a continuous period of three years.

4. Steps to be followed for the purpose of the Condonation of Delay Scheme-2018:-

a. The DINs of the disqualified directors de-activated at present shall be temporarily activated during the validity of the scheme to enable them to file the pending forms with MCA.

b. The defaulting company shall file the pending forms with the statutory filing fees and additional fees.

c. After filing the documents under this scheme, the defaulting company shall seek condonation of delay in Form e-CODS 2018 along with a fee of Rs. 30,000 (Rs. Thirty Thousand).

d. The DINs of the Directors associated with the defaulting companies that have not filed their pending documents, shall be liable to be deactivated on expiry of the scheme period.

e. For companies whose names are removed from the Register of Companies and which have filed petition under section 252 of the Act, the DINs of the directors will be reactivated only after restoration orders from NCLT subject to filing of all the due documents.

Categories: Company Law
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