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Condonation of Delay Scheme 2018- Unanswered questions

Unanswered questions under Cods 2018 introduced by MCA( Ministry of Corporate affairs) Introduction of CODS 2018 would certainly provide relief to the disqualified Directors however there are still some unanswered questions like:  Whether last date of filing e-form CODS – 2018 will also be March 31, 2018? (There is no clarity in circular in this regard.)  How disqualification of Directors can be removed for Directors of a Defaulting Company that has been strike off and which is not carrying on any business since past many years or its restoration application is rejected by NCLT?  Whether non Defaulting Companies having disqualified directors shall be allowed to file any documents once their DIN are temporarily activated w.e.f. 01.01.2018? Clarification may be required from MCA That CODS 2018 is pursuant to provisions of section 460 (b) of the Act and hence the Director who is disqualified at present pursuant to the provision of Section 164 (2) of the Act and he has been either re-appointed in the Company or appointed in any other company, and he is aware that he has already vacated his position as per Section 167 (1)(a) of the Act but continue to act as a director, whether he shall be punishable for violation of section 167 (2) of the Act? – The obvious answer should be Not liable , however MCA can clarify the same specifically would clear all doubts of the concerned Directors and Auditors.



This post first appeared on Tax Guru, please read the originial post: here

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Condonation of Delay Scheme 2018- Unanswered questions

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