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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