With reference to MCA notification dated 21st February, 2019 (attached herewith) , please note the below –
1. Company incorporated on/ before 31stDecember, 2017, are required to file e-form – ACTIVE (i.e. Active Company Tagging Identities and Verification) disclosing the particulars of the Company and its registered office on/ before 25th April, 2019 with zero MCA fees.
2. Information/ documents required –
a. Name of the Company;
b. Address of Registered Office of the Company;
c. Photograph of registered office showing external building
d. Photograph of registered office showing inside office (showing the presences of at least 1 director or Key Managerial Personnel, who shall affix their DSC to the said form);
e. Email id of the Company (where OTP will be sent for verification);
f. Confirm whether the DIN of all the directors are “approved” and have filed Form DIR – 3 KYC and none of the director is disqualified;
g. Details of Statutory Auditor or Cost Auditor of the Company (i.e. Whether Individual/ Firm, PAN, name of the auditor/ firm, membership no. of auditor/ firm, term of auditor/ firm);
h. Details of MD, CEO, Manager or Whole time Director of the Company (DIN/ PAN, name, designation, no. of roles);
i. Details of Company Secretary (PAN, name, membership no.);
j. SRN of Form AOC – 4 and Form MGT -7 filed for FY 2017-2018;
k. Valid DSC of either 2 Director or 1 director and 1 KMP.
3. The following Companies shall not be eligible to file the said form-
a. defaulted in filing Form AOC – 4 or Form MGT – 7;
b. have been struck off;
c. is under the process of striking off/ liquidation/ amalgamation/ dissolved.
4. Consequences of non filing of the said form –
a. On/ after 26thApril, 2019, the Company shall be marked “ACTIVE – non compliant”.
b. Registrar of Companies (RoC) shall initiate action for physical verification of registered office of the Company or initiate action for removal of the name of the Company.
c. RoC shall accept no request from the Company for the following transaction –
-
- Change in Authorized Capital;
- Change in Paid up Capital;
- Change in Directors except for cessation;
- Change in registered office address;
- Amalgamation, de-merger
d. On/ After 26th April, 2019, the default company shall be marked as “ACTIVE Compliant” only on filing of the said form along with payment of Rs. 10,000/- towards MCA fee.
Author: Hiral Mehta is an Associate at M&K Associates and can be reached at mail@mnklaws.com
Disclaimer: The views, information or opinions expressed herein are compiled by the Legal team of M&K Associates, Company Secretaries, Hyderabad. The above information is solely for disseminating knowledge and private circulation. We are hereby not liable for any loss, damage or inconvenience caused as a result of reliance on such information and we accept no legal liability or other responsibility by or on behalf of any errors, omissions, or statements on this content.
Author Bio
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