Condonation of Delay Scheme (CODS), 2018

The MCA had struck off more than 2 lakh companies and disqualified 3 lakh directors of such companies that had failed to file financial statements or annual returns for continuous period of three financial years i.e. from 2013-16.

Aggrieved by disqualification, many disqualified Directors had made representations to MCA and also had approached National Company Law Tribunal (NCLT) and High Courts for stay order of disqualification. The Condonation of Delay Scheme has been introduced to provide a final opportunity for defaulting companies and bonafide Directors to regularize compliance within three-month.

ELIGIBILITY:

The benefits of the Scheme shall be available only for existing Defaulting Companies. The companies whose name is struck off by the ROC under section 248(5) of the Act are not eligible under this Scheme.

Effective Period:

This shall be in force effectively from 1st January 2018 up to 31st March 2018. Given this, the Defaulting Companies shall have make good all defaults within the said period of Three months.

Eligible Forms:

The Defaulting Companies can file only the following forms which are due for filing as on 30 June, 2017 under the Scheme:

  • Form 20B or Form MGT 7: Form for filing of Annual Return of the company having share capital;
  • Form 21A or Form MGT 7: Form for filing of Annual Return of the company not having share capital;
  • Form 23AC, ACA, AOC-4- XBRL, non- XBRL, CFS: Form for filing of Balance Sheet/ Financial Statement and Profit and Loss Account;
  • Form 66: Form for submission Compliance Certificate;
  • Form 23B or Form ADT-1: Form for intimation of appointment of statutory auditor.

Fee:

  • Late Filing Fees of all the Pending form i.e. (Actual + 12 times additional Fees) &
  • Fee of e-CODS 2018 i.e. Rs. 30,000/-

Relief:

The jurisdictional ROC shall withdraw the prosecution(s) pending if any before the concerned Court(s) for all documents filed under the scheme.

However, this scheme is without prejudice to action under section 167(2) of the Act or civil and criminal liabilities, if any, of such disqualified directors during the period they remained disqualified. Further, the DINs of Disqualified Directors continue to be active and their names shall be removed from the list of Disqualified Directors maintained by the MCA.

Effect of Non-Filing of Eligible Forms under the Scheme:

The Defaulting Companies which doesn’t file the necessary forms as prescribed under the Scheme shall continue to be considered as a defaulting under the respective provisions of the Act and the DINs of the disqualified directors associated with these companies shall be deactivated and appropriate actions would be taken against these directors.

CONCLUSION:

At the conclusion of the Scheme, the Registrar shall take all necessary actions under the Companies Act, 1956 / 2013 against the companies who have not availed themselves of this Scheme and continue to be in default in filing the overdue documents.

So, if you want to avail this Scheme, do not wait for the last dates. Just complete your filings and file CODS form.

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