Clarification on matters related to Scheme for condonation of delay



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The Institute of Chartered Accountants of India (ICAI) has provided clarification on the Scheme for condonation of delay. This scheme is for companies that were restored to the Register of Companies between 1 December 2020 and 31 December 2020, under Section 252 of the Companies Act, 2013. The scheme officially begins on 1st February 2021, and eligible companies should approach their jurisdictional Registrar of Companies (ROC) with the NCLT order and proof of payment to benefit from the scheme and update their status to 'Active'.

The Institute of Chartered Accountants of India has issued a clarification on matters related to Scheme for condonation of delay for companies restored on the Register of Companies between 01 December 2020 and 31 December 2020, under section 252 of the Companies Act, 2013. Read the official announcement below:

ANNOUNCEMENT

Sub: Clarification on matters related to Scheme for condonation of delay for companies restored on the Register of Companies between 01 December, 2020 and 31 December 2020, under section 252 of the Companies Act, 2013

This is to inform you that Ministry of Corporate Affairs has issued an announcement regarding the new scheme “Scheme for condonation of delay for companies restored on the Register of Companies between 01 December, 2020 and 31 December 2020, under section 252 of the Companies Act, 2013” introduced vide circular no 03/2021 dated 15.01.2021.
The MCA vide its announcement has clarified that scheme will come into effect from 01st February 2021 and Companies which have obtained orders of Hon’ble NCLT under section 252 of Companies Act, 2013 dated between 01 December 2020 and 31 December 2020 are requested to approach the concerned jurisdictional ROCs along with copy of NCLT order, challan copy towards payment of cost as imposed by Hon’ble NCLT to avail the benefit of the scheme and/to mark the company's status from ‘Strike off’ to ‘Active’.

Further, it is advised that stakeholders shall approach the ROCs at the earliest and shall not wait till the last date to avoid last minute rush and any hardships in filing documents on the MCA 21 portal.

Condonation of Delay Scheme Clarification for Restored Companies

Announcement is available at the link: http://mca.gov.in/

An Announcement in respect of the scheme, has also been hosted on the ICAI website.

Link for the same is given below:
https://icai.org/post/scheme-for-condonation-of-delay-forcompanies-restored-on-the-register-of-companies

Members may note the above.

Sincerely Yours,
Chairman and Vice Chairman
Corporate Laws & Corporate Governance Committee
The Institute of Chartered Accountants of India

FAQ :

The clarification is for companies restored to the Register of Companies between 01 December 2020 and 31 December 2020, under section 252 of the Companies Act, 2013, to help them avail benefits under the scheme.

The scheme comes into effect from 01st February 2021.

Companies that obtained orders from the Hon'ble NCLT under section 252 of the Companies Act, 2013, dated between 01 December 2020 and 31 December 2020, and were subsequently restored.

Companies need to approach the concerned jurisdictional ROCs with a copy of the NCLT order and the challan copy showing payment of costs imposed by the Hon'ble NCLT.

By availing the scheme, companies can get their status updated from 'Strike off' to 'Active'.

Yes, stakeholders are advised to approach the ROCs at the earliest and not wait until the last date to avoid last-minute rush and potential difficulties with filing on the MCA 21 portal.




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