(1) These rules may be called the Companies (Incorporation) Amendment Rules, 2019.

(2) They shall come into force with effect from 25th February, 2019.

Applicability

All companies incorporated on or before 31st of December, 2017 shall file the particulars of the company and the address validation of the registered office in E-Form INC – 22A on or before the 25th of April, 2019 with the Registrar.

Deadline

  • On or before 25/04/2019.
  • Provided that 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 e-Form-ACTIVE,

Non Applicability. companies which have been

  • struck off.
  • under process of striking off.
  • under liquidation.
  • or dissolved, as recorded in the register.

Provided also that in case a company does not intimate the said particular’s, 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:

Reference for determination of non-compliance of Companies (Incorporation) Amendment Rules, 2019.

As per section 12(9) of companies act 2013. As per section 12(8) of companies act 2013. No request for recording the following event
If 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 in such manner as may be prescribed and if any default is found to be made in complying with the requirements of sub-section (1), he may without prejudice to the provisions of sub-section (8), initiate action for the removal of the name of the company from the register of companies under Chapter XVIII.

 

If any default is made in complying with the requirements of this section, the company and every officer who is in default shall be liable to a penalty of one thousand rupees for every day during which the default continues but not exceeding one lakh rupees.

 

(i) SH-07 (Change in Authorized Capital);

(ii) PAS-03 (Change in Paid-up Capital);

(iii)DIR- 12 (Changes in Director except cessation);

(iv) INC-22 (Change in Registered Office);

(v) INC-28 (Amalgamation, de-merger).

Data required for Filling form 22A

1. Latitude and long latitude.

2. Active Email id of company. (for OTP Verification)

3. If maximum Number of directors are beyond Limit than (Resolution passing date and SRN of MGT 14.

4. Details of statutory auditor.

5. Details of SRN of e form AOC 4 and MGT 7.

6. Photograph of registered office showing external building and inside office also showing at least one director KMP who has affixed his/her DSCs to this form.

7. 2 Digital signature.

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