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Clarification on section 8 of Companies Act


30-Dec-2023 (In Corporate Law)
We had set up a Non Profit section 8 company for doing social work in July 2014. Since we had not taken any fund or any financial assistance from any authority and filing legal compliances with Registrar and MCA were very expensive so we did not file our final accounts ,audit and other compliances with the Registrar/Govt authority. Now after three years we find that the Govt is coming up with a condo nation of delay program for such defaulters from 1st January 2018. Can we revive our Section 8 company and if so the procedure for it?
Answers (3)

Answer #1
652 votes
yes you can revive your Section 8 company under the Condination Scheme. It is advisable to get the process started as early as possible as the scheme shall remain in force till 31st March 2018 and procedure and applicability of Scheme depends on case to case.
Regards
Answer #2
789 votes
Yes you can file the compliance certificate issued from your auditor and can get your company revived provided the MCA finds all your documents to be correct and complete as per the audit done by your appointed CA.
Answer #3
603 votes
The company if it has been struck off can still be revived. The MCA vide General Circular No.16/2017 has issued a Condonation of Delay Scheme, 2018 which provides for the revival of the company.

Please refer to the Scheme given in the link below:
http://www.mca.gov.in/Ministry/pdf/Generalcircular16_29122017.pdf

You would be required to file eForm "e-CODS" with a fee of Rs 30,000/-

Please feel free to contact us.

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