Ministry of Corporate Affairs (MCA) is bringing continuous changes in the Companies Act, 2013 and the rules made thereunder with the objective of developing a transparent and compliant corporate ecosystem in the country. It has most recently amended Companies (Incorporation) Rules, 2014 via an amendment dated 21.02.2019 and inserted Rule 25A in the Companies (Incorporation) Rules, 2014.
This rule has caused origination of an e-form INC-22A-Active Company tagging Identities and verification (ACTIVE). Every Company incorporated on or before the 31.12.2017 is required to file this form on or before 25.04.2019. This form is said to be filed for doing Company KYC.
Information required to be filled in form INC-22A:
- Address of registered office alongwith its longitude and latitude on map
- Details of Directors – It is to be ensured that all associated directors DIN status is in approved status, not marked for disqualification
- Details of Statutory auditors –The Company must have filed form ADT-1 for appointment of statutory auditor for FY 2018-19.
- Details of Cost Auditor, in case the Company is required to appoint one – In case it is required, the Company must have been filed Form CRA-2 for appointment of cost auditor for FY 2018-19.
- Details of the Managing director or Chief Executive Officer (CEO) or Manager or Whole-time Director of the company –The Company must have on board managing director, or Chief Executive Officer or manager and in their absence, a whole-time director in case company is listed company or public company having a paid-up share capital of ten crore rupees or more
- Details of Company Secretary of the company –The Company must have a whole time Company secretary in case its paid up share capital is Rs. 5 Crore.
- Details of the Chief Financial Officer (CFO) of the company –The Company must has CFO in case company is listed company or public company having a paid-up share capital of Rs. 10 Crore or more.
- Details of forms AOC-4/AOC-4 XBRL and MGT-7 filed for FY 2017-18 –The Company must ensure to file these forms before filing form INC-22A.
- Photograph of Registered Office showing external building and inside office also showing therein at least one director/KMP who has affixed his/her Digital Signature to the form.
- An OTP shall be sent to the mail ID of the Company entered into the form which shall be valid for a span of 30 minutes and shall be entered mandatorily into the form before its filing.
The Companies not required to file this form:
- A company incorporated after 31.12.2017
- The companies which have been struck off or are under process of striking off
- The Companies under liquidation or amalgamated or dissolved as recorded in the register of Companies maintained by the Registrar of Companies
Note: Any company which has not filed its due financial statements under section 137 or due annual returns under section 92 or both with the Registrar shall be restricted from filing this form unless such company is under management dispute and the Registrar has recorded the same.
Govt. Fees:
If filed within prescribed time limit, no Government fees shall be paid. Otherwise a late filing fee of Rs. 10,000/- shall be paid.
Consequences of not filing the form:
The status of the Company shall be marked as “ACTIVE non-Compliant” on or after 26th April, 2019 and in case the Registrar has reasonable cause to believe that the company is not carrying on any business or operations, he may cause a physical verification of the registered office of the company and if any default is found to be made in complying with the prescribed requirements, he may initiate action for the removal of the name of the company from the register of companies.
After the due date, the form shall be filed with a fee of Rs. 10,000/-.
Also, the Registrar shall not record any request for change in the following:
- Change in authorized share capital
- Change in paid up Capital
- Changes in Director except cessation
- Amalgamation, de-merger
- Change in Registered Office
(The author of this article is a Practicing Company Secretary located at New Delhi and can be reached at ankitasinglaandassociates@gmail.com)
Disclaimer: The contents of this article are solely for informational purpose. It does not constitute professional advice or a formal recommendation. No part of this article should be distributed or copied without express written permission of the author.
Author Bio
What minimum info should be there in business board (hoarding) of Pvt.Ltd. companies as per companies Act,2013 except name , address & GSTIN? Also for INC-22A. Please share.