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A BIG RELIEF TO DISQUALIFIED DIRECTORS, FORM e-CODS IS NOW AVAILABLE.




The form e-CODS is now available with MCA. Click on this link: http://www.mca.gov.in/MinistryV2/companyformsdownload.html

Procedure to be followed for the purposes of the scheme:-
(1) In the case of defaulting companies whose names have not been removed from register of companies, (Meaning thereby this scheme is applicable to ACTIVE COMPANIES ONLY)-


i) The DINs of the disqualified directors de-activated at present shall be temporarily activated during the validity of the scheme to enable them to file the overdue documents.

ii) The defaulting company shall file the overdue documents in the respective prescribed eForms paying the statutory filing fee and additional fee payable as per section 403 of the Act read with Companies (Registration Offices and fee) Rules, 2014 for filing these overdue documents.

iii) The defaulting company after filing documents under this scheme, shall seek condonation of delay by filing form e-CODS 2018 attached to this scheme along with a fee of Rs. 30,000/- (Rs. Thirty Thousand only) as prescribed under the Companies (Registration Offices and Fee) Rules, 2014 well before the last date of the scheme.


iv) The DINs of the Directors associated with the defaulting companies that have not filed their overdue documents and the eform CODS, and these are not taken on record in the MCA21 registry and are still found to be disqualified on the conclusion of the scheme in terms of section 164(2)(a) r/w 167(1)(a) of the Act shall be liable to be deactivated on expiry of the scheme period.


Purpose of the eForm

With a view to allow an opportunity for the defaulting companies to rectify the default, in exercise of its powers conferred under sections 403, 459 and 460 of the Companies Act, 2013, the Central Government has decided to introduce a Scheme namely “Condonation of Delay Scheme, 2018.


The defaulting companies after filing the overdue documents in the respective prescribed e-Forms, paying the statutory filing fee and additional fee payable as per section 403 of the Act read with Companies (Registration Offices and fee) Rules, 2014, shall seek condonation of delay by filing form e-CODS 2018.



Instructions to fill the eForm

1(a). Corporate identity number (CIN)
Enter the Valid CIN of the company. You may find CIN by entering existing registration number or name of the company on the MCA website.(www.mca.gov.in )
Also the Company should be in Active status. Please check the status in Master data of the company available at MCA site.

2 (a).  Name of the company
This field would be pre-filled after pressing the Pre-Fill button of CIN.


(b).  Address of the registered office
This field would be pre-filled after pressing the Pre-Fill button of CIN.


(c). email id of the company
This field would be pre-filled after pressing the Pre-Fill button of CIN. In case there is any change in the email ID, enter the new valid email ID.


(d). Date of incorporation of Company of Indian company
This field would be pre-filled after pressing the Pre-Fill button of CIN.


3. Details of documents filed under the Condonation of Delay scheme,2018
Total number of Service Request Number (SRN)(s): Enter the number of SRNs to be pre-filled in the below table. Maximum 20 SRNs can be entered in a form.


SRN : Enter the SRNs filed to remove the default of the company.
The SRNs entered should belong to the form ID AOC-4/AoC-4 CFS/AOC-4 XBRL/ 23AC/23ACA/ 23ACXBRL/23ACA XBRL/20B/21A/MGT-7/ADT-1/23B/66


Form number (s) : This field would be pre-filled after pressing the Pre-Fill button of SRN.
Date of filing (DD/MM/YYYY) : This field would be pre-filled after pressing the Pre-Fill button of SRN.


4. Whether any appeal(s) was filed against any notice issued or complaint filed before the competent court for violation of the provisions under the Act in respect of the above mentioned document(s). If yes, attach proof of withdrawal of such appeal

·         Select the Radio button. If Yes is selected, then attachment 1 is mandatory to attach.


5. Whether any prosecution(s) is pending in court against the company and its officers in respect of belated documents filed under the scheme. If yes, provide details thereof as an attachment

·         Select the Radio button. If Yes is selected, then attachment 2 is mandatory to attach.


6. Whether any director(s) of the company is declared as proclaimed offender or facing criminal case(s) for economic offences. If yes, provide details of such director(s) as an attachment.

·         Select the Radio button. If Yes is selected, then attachment 3 is mandatory to attach.



To be digitally signed by
Director identification number of the director ; DIN or PAN of the manager or CEO or CFO ; or Membership number of the Company Secretary


·         In case the person digitally signing the eForm is a Director - Enter the approved DIN.
·         In case the person digitally signing the eForm is Manager, Chief Executive Officer (CEO) or Chief Financial Officer (CFO) - Enter valid income-tax PAN.
·         In case the person digitally signing the eForm is Company Secretary - Enter valid membership number in case of other than Section 8 company. In case of Section 8 company and if designation selected as ‘company secretary’ – Enter valid membership number/ PAN.



Fees for Application for Condonation of delay Scheme, 2018: Rupees 30,000


Processing Type
The eForm will be auto-approved (STP).

Email
When an eForm is approved/rejected by the authority concerned, an acknowledgement of the same is sent to the user in the form of an email.

  



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