Condonation of Delay

 

As per the relevant provisions of the law, it is quite apparent that there is a prescribed time limit fixed for all the forms and applications to be filed with the ROC. In case, these forms/applications are filed beyond the time specified under the law, additional fee becomes payable. However, there are certain forms/applications for which late filing is not allowed. For such forms, we have to opt for condonation of delay as per the provisions of Section 460 of the Companies Act, 2013 which are as follows.

• Section 460(a): where any application required to be made to the Central Government under any provision of this Act in respect of any matter is not made within the time specified therein, that Government may, for reasons to be recorded in writing, condone the delay; and
• Section 460(b): where any document required to be filed with the Registrar under any provision of this Act is not filed within the time specified therein, the Central Government may, for reasons to be recorded in writing, condone the delay.

 

PROCESSS OF CONDONATION OF DELAY

• A Board meeting shall be called for passing a resolution for filing of application for Condonation of Delay.
• Preparation of a petition for condonation of delay for not filing the form within prescribed time.
• Filing of petition to the Ministry of Corporate Affairs (MCA) in the Form CG-1, as the case may be.
• MCA shall impose the penalty and condone the delay for filing the form
• The order shall be filed by the Company to ROC in Form INC-28.

 

SERVICES PROVIDED BY US

• Preparation of petition for condonation of delay along with necessary attachments.
• Filing of petition in the prescribed Form to the MCA.
• Any other act which may be required/necessary/expedient for the purpose of condonation of delay.

 

THE J&P ADVANTAGE

Our CS Team at J&P handles the whole process with utmost due diligence. From documents compiling to completion of the process our team works with utmost care leaving no potential loopholes. Our team will provide complete assistance in the matter under consideration.