Government of India is on Clean Mode since last year attacking with the several Strikes i.e. Surgical Strikes, Company Striking off, Air Strikes and now the shell companies are on the same screen towards the Good Corporate Governance. Promoter(s)/Director(s) have companies to convert their money into white not to business, doing the fictitious transaction now are under the coverage of Government as rigid changes came across in the last few months in the law as amendments available on the MCA website.
Government has taken the steps towards the transparency in law and its application resulting the Indian Govt. had
- Struck-off more than 2 lakh shell companies in the FY 2017-18 due to non-filling of Annual Compliances.
- More than 3 Lakh directors were disqualified for non-filing of annual returns by their companies for three years.
- Mandated to upload a 30 Seconds video clip introducing themselves to obtain a DSC, which was required to file DIR-3 KYC as MCA announced Director KYC norms.
Government has also taken a step towards the Good Governance not only in the form of Strictness in law enactments even more focused towards the application of Law as well in the form of Active Company Tagging Identities and Verification (ACTIVE). MCA vide its notification dated February 21, 2019 notified the rules called as Companies (Incorporation) Amendments rules, 2019 and mandated to all the Companies to file an E-FORM ACTIVE.
- Form Name: ACTIVE COMPANY TAGGING IDENTITIES AND VERIFICATION (ACTIVE)
- Applicability: EVERY COMPANY INCORPORATED ON OR BEFORE 31.12.2017
- Provision: Rule 25A of Companies (Incorporation) Rules, 2014
- Requirement:
Compliance
Before filing (ACTIVE) with MCA one has to keep in mind few compliances & ensure filing requirements of certain E-Forms i.e. AOC-4, MGT-7, ADT-1, Compliance of Cost Audit and DIR-12 for the Appointment of Company Secretary and / or any other as stipulated therein.
Requisite info for ACTIVE FORM
(i) CIN
(ii) Latitude and Longitude
(iii) Email Id of the Company
(iv) 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 this form.
Exemption: No requirement of fillings to the Companies;
(i) struck off or
(ii) under process of striking off or
(iii) under liquidation or amalgamated or dissolved, as recorded in the register
Filling Fees and Last date: NO FEES till 25.04.2019
Consequence of Non-Filling: Status of Company after 25.04.2019 shall be as “ACTIVE-non-compliant”
(i) Liable for action under sub-section (9) of section 12 of the Act
(ii) No request for recording the following event based information or changes shall be accepted by the ROC
1. SH-07 (Change in Authorized Capital)
2. PAS-03 (Change in Paid-up Capital)
3. DIR-12 (Changes in Director except cessation);
4. INC-22 (Change in Registered Office)
5. INC-28 (Amalgamation, de-merger)
(iii) Late Filling Fees of Rs. 10,000/-
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