MCA vide General Circular no. 16/2017 on Friday, 29th December, 2017 have issued the Condonation of Delay Scheme, 2018 (CODS, 2018). CODS, 2018 is issued with reference to section 164 and 167 of the Companies Act, 2013 for the defaulting Companies & their Directors, who have failed to file the financial statements or annual return with MCA21 online registry for a continuous period of 3 years (from 2013-14 to 2015-16) and consequently are debarred from accessing the MCA21 online registry.
CODS, 2018 is valid only for the period of 3 months i.e. from January 01, 2018 till March 31, 2018. This scheme is issued with a view to give an opportunity for the non-compliant Companies and their Directors to rectify the default by filing the overdue documents along with the statutory and additional filing fees, as applicable, and seek condonation of delay through an e-form CODS, 2018 during the validity of this scheme.
This scheme is applicable only for the those defaulting Companies which are currently “Active”. Companies which have been struck off or whose name has been removed from the Register of Companies under section 248 of the Companies Act, 2013 are excluded from the purview of this scheme.
The said Notification can be accessed from the following link: MCA Gen Circular_16_29.12.2017_Condonation of Delay Scheme, 2018