With the advent of the Companies Act 2013, everyday Government comes with new circulars, notifications. Now you can say that the Companies Act, 2013 itself changed or rejuvenate every day with some new notifications and circulars. We can see that how drastically the Company Law has been changed since its inception which is quite good for corporate also that it learn how to make it more compliant.
Besides above, Ministry has also beautifully taken the steps in the way of KYC of registered address of the Companies in the form of filing of an e-form 22A or ACTIVE (Active Company Tagging Identities and Verification). Only handful days left for filing of an e-form INC-22A i.e., it should be filed on or before 25.04.2019 without any fees.
(1) Every company incorporated on or before the 31st December, 2017 shall file the particulars of the company and its registered office, in e-Form ACTIVE (Active Company Tagging Identities and Verification) 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, unless such company is under management dispute and the Registrar has recorded the same on the register:
Provided further that companies which have been struck off or are under process of striking off or under liquidation or amalgamated or dissolved, as recorded in the register, shall not be required to file e-Form ACTIVE:
Provided also that in case a company does not intimate the said particulars, 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:
Provided also that no request for recording the following event based information or changes shall be accepted by the Registrar from such companies marked as “ACTIVE-non-compliant”, unless “ e-Form ACTIVE” is filed –
(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);
(2) Where a company files “e-Form ACTIVE”, on or after 26th April, 2019, the company shall be marked as “ACTIVE Compliant”, on payment of fee of ten thousand rupees.
CONCLUDING REMARKS: As the last date is approaching soon i.e., 25th April 2019 so it’s time for all the corporate to tighten their belt and comply with the provisions of Rule 25A of the Companies (Incorporation) Rules, 2014 at their earliest. This e-form INC-22A requires every compliance from the Company not only on the part with the compliance of Annual filing but also with Approved DIN, Appointment of Statutory Auditor, Cost Auditor, Key Managerial Personnel.
So without having second thought, Corporate should comply with this provision as soon as possible.
Disclaimer: The above views are the personal views of the author and the Readers are requested to exercise their due diligence before taking action.