Saturday, December 30, 2017

Disqualification of directors_Condonation of Delay Scheme 2018

Recently Ministry of Corporate Affairs had disqualified certain directors, who failed to file returns for consecutive financial years. This disqualification of directors raised concerns among the industry and a large number of affected people approached judiciary for relief. With a view to giving an opportunity for the non-compliant, defaulting companies to rectify the default, and an initial step to remove the disqualification of directors,  the Central Government has decided to introduce a Scheme namely "Condonation of Delay Scheme 2018" [CODS-2018]. This will help the affected companies to move for removing the disqualification of directors.

This scheme allows affected companies to file their pending documents with the Ministry. However, this scheme is restricted to the following forms:

i) Form Number 20B/MGT-7- Form for filing Annual return by a company having share capital.
ii) Form 21A/MGT-7- Particulars of Annual return for the company not having share capital.
iii) 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.
iv) Form 66 - Form for submission of Compliance Certificate with the Registrar.
v) Form 23B/ADT-1- Form for intimation for Appointment of Auditors.


  • This scheme is not applicable to the companies which have been stuck off/whose names have been removed from the register of companies
  • The scheme shall come into force with effect from 01.01.2018 and shall remain in force up to 31.03.2018

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