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MCA Condonation of Delay Scheme 2018

Kashif Ali 
on 02 January 2018

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Ministry of Corporate Affairs in September 2017 had disqualified approx 3,09,614/- directors who were associated with the companies who had failed to file their annual statements and Annul Return with Registrar of Companies for lass three Financial Years. You can search for defaulting director on www.mcadefaulter.com

To give these defaulting Companies and their directors a final chance to remove themselves from defaulter list, Ministry of Corporate Affairs had on 29th December 2017 vide its circular No 16/2017 issued a scheme named 'Condonation of Delay Scheme 2018'

Kashif Ali, a fellow member of the Institute of Company Secretaries of India and owner of 'Kashif Ali &  Associates, Company  Secretaries' Delhi, has analyzed this scheme and bring it to you for easy understanding.

MCA CONDONATION OF DELAY SCHEME 2018'

Scheme is available till: From: 1st January 2018 to 31st March 2018
Scheme is available for: Companies whose status is 'Active' on MCA Portal
Scheme is not available for: Companies who are struck off  or whose name has been removed from the ROC u/s 285(5)

Process to avail this scheme:

  • DIN of all disqualified directors shall be re activated- automatically during the validity of the scheme
  • Defaulting company shall file 'overdue documents' with statutory fees and additional fees.
  • After successful filing of all overdue documents, the company shall seek condonation of delay in E form E-CODS

The Filing fees for E-form CODS shall be Rs. 30,000/-

** For companies whose name have been struk off u/s 248 and had filed application for revival u/s 252 of the Act , the DIN of those directors shall only be re-activated after NCLT Order

What if Company do not avail this scheme?

  1. The DIN of defaulting directors shall be deactivated .
  2. ROC shall take all necessary actions under the companies Act 2013 against companies who had not availed this scheme

What are overdue documents or which E-form can be filed under this scheme?

Under this scheme only the following e forms can be filed.


Srt. No.

Name of the E-form

Purpose

1.       

Form 20B / MGT-7

Form for filing Annual return by a company having share capital

2.       

Form 21A/MGT-7

Particulars of Annual return for the company not having share capital

3.       

Form 23AC, 23ACA, 23AC-XBRL, 23ACA-XBRL, AOC-4, AOC-4(CFS), AOC (XBRL) and AOC-4(non-XBRL)

Forms for filing Balance Sheet/Financial Statement and profit and loss account.

4.       

Form 66

Form for submission of Compliance Certificate with the Registrar

5.       

Form 23B/ADT-1.

Form for intimation for Appointment of Auditors


Ref: http://www.mca.gov.in/Ministry/pdf/Generalcircular16_29122017.pdf

The author can also be reached at cs.alikashif@gmail.com


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