In a major relief for disqualified directors of companies, the government has provided a three-month window to them to file their returns and normalize operations by launching Condonation of Delay Scheme, 2018. The scheme, however, does not provide amnesty to the directors on the boards of companies that have been deregistered.
Directors who did not file Annual Returns & Financial Statements for consecutively 3 years with ROC were disqualified due to the applicability of Section 164 (2) (a) of the Companies Act, 2013.
Due to increased pressure from the Corporate, MCA has extended CODS 2018 scheme by one month.
The last date to file the pending documents under CODS scheme is 30th April 2018.
Documents required for CODS scheme
The scheme was applicable to certain documents, which are mentioned below:
Form Number 20B/MGT-7- Form for filing company having share capital.
Form 21A/MGT-7- Particulars of Annual return for the company not having share capital.
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.
Form 66 – Form for submission of Compliance Certificate with the Registrar.
Form 23B/ADT-1- Form for intimation for Appointment of Auditors.
The scheme is giving a window of opportunity to directors who may have been affected due to negligence or such reasons, the struck off companies were given due opportunity and they did not do anything, the scheme is only for bonafide directors.
The scheme states that if the struck off companies are revived by order of National Company Law Tribunal, their directors can avail of condonation of delay scheme, which is applicable from January 1 to March 31, 2018 (which has now been extended till 30th April 2018).
MCA, under Section 460 of Companies Act, had decided to introduce the scheme.
A few months ago, MCA, with an intent to crack down on shell companies, had disqualified more than two lakh directors of shell companies within a span of 15 days, for not filing their financial statements or annual returns for two straight years, violating provisions of the Companies Act, 2013.
Such companies which have been struck off /whose names have been removed from the register of companies under section 248(5) of the Act can take the advantage of the Scheme.
On adopting the above scheme, the concerned Registrar will withdraw all the pending the prosecution(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.”
For any clarification, write to me at Gaurav@ccoffice.in
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