Condonation of delay - roc

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CS Pooja Thakkar (Querist)
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15 July 2015 Hi, have a query about application to ROC for condonation of delay of more than 300 days in annual filing .. can anyone help me with the required documentation? what is penalty to be given by ROC? any idea?

Pratik Shah

Pratik Shah (Expert)
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16 July 2015 Hi Pooja,

If you are filing Form 23AC, 23ACA and 20B, then you do not need to go for condonation.
You will be allowed to file forms without condonation even if they are filed after 300 days.

CS Pooja Thakkar

CS Pooja Thakkar (Querist)
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20 July 2015 Hi, Pratik

Thank you for your reply.. what if it is filing of Cost audit of FY 2013-14?

CS Pooja Thakkar

CS Pooja Thakkar (Querist)
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01 September 2015 Hello, I need to file one form MGT 14, 300 days delay limit has gone and now I have to file condonation of delay with ROC, Delhi in the form CG 1.

Can anyone help me with the required documentation, format of application ? also does ROC gives any penalty or only fees for application is the only fees under this petition?

Please reply as early as you can. little urgent

Aashok Kumar Sharma online

Aashok Kumar Sharma online

(Expert)
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20 July 2024 Filing for condonation of delay with the Registrar of Companies (ROC) typically involves a specific procedure and documentation. Here’s a general outline of what you need to know and do:

### Documentation Required:

1. **Application in Form CG-1**: This form is used for making an application to the Central Government for seeking condonation of delay.

2. **Reasons for Delay**: You need to provide a detailed explanation for the delay in filing Form MGT-14. This should be supported by relevant documents that substantiate your reasons (if applicable).

3. **Affidavit**: An affidavit stating the reasons for the delay and confirming the correctness of the information provided.

4. **Additional Documents**: Any other documents that support your case, such as correspondence with ROC, proof of attempts to comply earlier, etc.

### Format of Application (Form CG-1):

- **Form CG-1**: This form is prescribed under the Companies (Registration Offices and Fees) Rules, 2014. It includes sections where you need to fill in details such as the name of the company, details of the delay, reasons for delay, etc.

- You can download Form CG-1 from the Ministry of Corporate Affairs (MCA) website or from the ROC website of your region.

### Fees and Penalties:

- **Fees**: Generally, a fee is applicable for filing Form CG-1. The exact amount can vary, so you should check the current fee schedule on the MCA website or with your ROC office.

- **Penalties**: The ROC may impose penalties in addition to the fees. Penalties can vary depending on the duration of the delay and other factors. The ROC has the discretion to waive or reduce penalties based on the merits of the case presented.

### Procedure:

1. **Prepare Documents**: Gather all required documents including Form CG-1, affidavit, supporting documents, etc.

2. **Fill and Submit Form CG-1**: Fill out Form CG-1 accurately with all necessary details. Ensure the reasons for delay are clearly stated.

3. **Payment of Fees**: Pay the requisite fees for filing Form CG-1. Keep proof of fee payment.

4. **Submission**: Submit the completed Form CG-1 along with all supporting documents to the ROC office where your company is registered.

5. **Review and Decision**: The ROC will review your application. If satisfied with the reasons provided and after receiving necessary approvals, they may grant condonation of delay.

### Important Points:

- **Timeliness**: Given the urgency, complete and submit your application as soon as possible to avoid further complications.

- **Professional Help**: If unsure about any aspect of the process, consider seeking advice from a company secretary or legal professional who specializes in corporate law.

- **ROC Office**: Contact the ROC office in Delhi directly for any specific local requirements or clarifications.

By following these steps and ensuring all required documentation is in order, you can proceed with filing for condonation of delay effectively.

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