The Ministry of Corporate Affairs ( MCA ) has clarified the applicability of the Condonation of Delay Scheme, 2018.
The circular issued Today addresses the stakeholders’ 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.
It was directed that in such cases the Registrar of Companies shall raise a ticket through Change Requirement Form (CRF) on MCA21 portal along with the copy of NCLT order and E-governance shall activate DIN of the directors 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 struck 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.
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 CODS 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.
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