Unanswered questions under Condonation of Delay Scheme 2018 (CODS 2018) introduced by MCA (Ministry of Corporate affairs)

Introduction of Condonation of Delay Scheme 2018 (CODS 2018) would certainly provide relief to the disqualified Directors however there are still some unanswered questions like:

  • Whether last date of filing e-form CODS – 2018 will also be March 31, 2018? (There is no clarity in circular in this regard.)
  • How disqualification of Directors can be removed for Directors of a Defaulting Company that has been strike off and which is not carrying on any business since past many years or its restoration application is rejected by NCLT?
  • Whether non Defaulting Companies having disqualified directors shall be allowed to file any documents once their DIN are temporarily activated w.e.f. 01.01.2018?

Clarification may be required from MCA

That CODS 2018 is pursuant to provisions of section 460 (b) of the Act and hence the Director who is disqualified at present pursuant to the provision of Section 164 (2) of the Act and he has been either re-appointed in the Company or appointed in any other company, and he is aware that he has already vacated his position as per Section 167 (1)(a) of the Act but continue to act as a director, whether he shall be punishable for violation of section 167 (2) of the Act? – The obvious answer should be not liable, however MCA can clarify the same specifically would clear all doubts of the concerned Directors and Auditors.

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Qualification: CS
Company: Amita Desai & Co
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Amita Desai is a Fellow Company Secretary and Insolvency professional in practice since 1995 Her expertise lies in following .She can be reached at amita@amitadesai.com 1. Business and Legal Advisory on Corporate Law 2. Foreign Exchange Management Act 3. Drafting and Appearance before Tribunal View Full Profile

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One response to “Condonation of Delay Scheme 2018- Unanswered questions”

  1. NAGASUBRAMANYA L R says:

    Strike Off Companies needs NCLT order to restore, when thousands of stike off Companies are there all over country, whether it is practically possible for each of these strike off companies to approach NCLT and once obtained favourable order to get active status/file returns within a span of 3 months,

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