MCA has clarified about the applicable deadline of 1 May 2018 for filing requirements under e-CODS 2018, in respect of the cases where revival orders are pending before the NCLT as on that date, i.e. whether such struck off companies can file under CODS upon obtaining orders for the same even after 01.05.2018.
1. In continuation of General Circular No. 16/2017 dated 29.12.2017, General Circular No. 02/2018 dated 28.03.2018 and General Circular No. 03/2018 dated 27.04.2018 on the subject cited above, it is stated that this Ministry has received representations from stakeholders raising doubts regarding filing requirements of e-CODS, 2018, in such cases, where petitions have already been filed before NCLT under section 252 of the Companies Act 2013, during the currency of the scheme and orders are pending before the NCLT and whether such struck off companies can file CODS upon obtaining orders for the same even after 01.05.2018.
2. The matter has been examined and it is clarified that as per para 4(v) of the General Circular No.16/2017 dt 29.12.2017, which states “In the event of defaulting companies whose names have been removed from the register of companies under section 248 of the Act and which have filed applications for revival under section 252 of the Act up to the date of this scheme, the Director’s DIN shall be re-activated only NCLT order of revival subject to the company having filing of all overdue documents”. It, is therefore, hereby directed that in such cases the Registrar(s) of Companies shall raise a ticket through Change Requirement Form (CRF) on MCA21 portal along with copy of NCLT order and E-governance shall activate DIN of the directors of such struck off companies that have been revived through NCLT to file e-CODS, 2018. However, the directors whose DINs are proposed to be activated through CRF should not be directors on any other company which has been stuck off under section 248(1) of the Act (other than the one revived through NCLT order as mentioned in CRF). This may be ensured by the ROC before raising CRF with E-governance.
3. Further, the Registrar(s) of Companies are directed to ensure that CRFs are raised in such cases only. after thorough scrutiny of the NCLT orders and ensuring that such struck off companies had filed overdue documents before filing e-CODS, 2018 and had filed petitions before the NCLT during the validity of COOS Scheme.
4. This issues with the approval of the competent authority.
MCA further Extends ‘Condonation of Delay Scheme, 2018’ upto 1 May 2018
The MCA has further Extended the ‘Condonation of Delay Scheme, 2018 (CODS 2018)’ from 31 March 2018 to 30 April, 2018 to 1 May 2018. This scheme has been introduced by the MCA with a view to provide an opportunity to non-compliant/ defaulting companies to rectify their defaults.
In continuation to the Ministry’s General Circular No. 16/2017 dated 29/12/2017 and General Circular No. 02/2018 dated 28.03.2018 on the subject cited above and to state that the closing date of the scheme viz. 30.04.2018 is falling under gazetted holiday on account of ‘Budh Purnima’, therefore, this Ministry has decided to give one day extension of the said scheme i.e. up to 01.05.2018.
In continuation to the Ministry’s General Circular No. 16/2017 dated 29/12/2017 on the subject cited above, this Ministry has, on consideration of requests received from various stakeholders, has decided to extend the Condonation of Delay Scheme, 2018 upto 30th April, 2018.
Whereas, companies registered under the Companies Act, 2013 (or its predecessor Act) are inter-alia required to file their Annual Financial statements and Annual Returns with the Registrar of Companies and non-filing of such reports is an offence under the said Act.
Whereas, section 164(2) of the Act read with section 167 of the Companies Act,2013 [the Act], which provisions were commenced with effect from 01.04.2014, provide for disqualification of a director on account of default by a company in filing an annual return or a financial statement for a continuous period of three years. (contd.. please refer above attachment)