Central Government has vide the notification dated 21st February, 2019, notified the Companies (Incorporation) Amendment Rules, 2019, which has come into effect from today i.e. 25th February 2019.
The notification has made it mandatory for all the Active Companies which were incorporated on or before 31st December,2017, to file a one-time online return with the ROC named “Form INC 22 A” [ Active Companies Tagging Identities and Verification (e-Form ACTIVE)] wherein every Company is mandated to file the particulars of the company and its registered office on or before 25th April 2019.
1. In case a company does not file the said Form than the Company shall be marked as “ACTIVE-non-compliant” on or after 26th April, 2019 and shall be liable for action under sub-section (9) of section 12 of the Act,i.e., cause a physical verification of the Registered office of the Company. Further no request for recording event based information or changes like Changes in the share capital, Changes in the Directorship, Mergers amalgamation etc. shall be accepted by the ROC from such companies marked as “ACTIVE non-compliant” unless “ e-Form ACTIVE” is filed.
2. The ROC fee for this return is ZERO rupees in case the form is filed in a timely manner. However, in case a company files ” Form INC 22 A “, on or after 26th April’ 2019, the company shall be marked as “ACTIVE Compliant”, only on payment of fee of Ten Thousand Rupees“.
3. Also it is pertinent to note that the Company would not be able to file this Form INC 22 A unless and until all the pending ROC compliances like filling of Annual Return, Balance sheet, Appointment of KMP’s like Company Secretary, CEO, CFO (wherever applicable) has been regularized.
In view of above, it is imperative that the Company regularizes all the pending ROC compliances and file this return INC22 A on a before 25th April 2019 to avoid being demarcated as ACTIVE non-compliant and also a late filing fee of INR 10,000.
Following are some of the important attachments to the form:
1. Company Details:
2. Latitude & Longitude of Registered office in exact measurements.
3. Mail ID & OTP for verification. (for One Time Password that would be sent on the email-id mentioned in the form.)
4. Photo of the Registered Office, both of the external building and interior of it, also showing therein at least one Director(s)/ KMP who has affixed his/her Digital Signature to this form is mandatory).
5. Photo of the Registered Office should contain full name of the Company (with name plate) as per ROC records.
If you require any assistance in filling the form than you can contact the undersigned at ns.colaw.associates@gmail.com or +91 9773475303.
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