Detailed Checklist, Procedure and Documents required for filing of Form INC-22A, ACTIVE (Active Company Tagging Identities and Verification) and Effect Of Non-Filing or delayed filing of Form INC-22A.
- Documents and Details Required For Filing The Form INC 22A (Active):
1. E-mail ID of the Company (the mail ID will be verified by OTP);
2. Latitude & Longitude of the Location where the registered office of the Company is situated;
3. If Company has more than 15 Directors on its Board a Special Resolution passed at the General Meeting, Form MGT-14 and paid challan thereon to be provided;
4. Details of Cost Auditor, if any;
5. Digitally Signature (DSC) of one Director and one KMP (if any) or Two Directors in case of other than OPC;
6. 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
The Name Board of the Company shall contain the following elements:
1. Full Name of the Company as per Certificate of Incorporation or name change if any;
2. CIN (Corporate Identity number) of the Company;
3. Complete address of the registered office of the Company
4. Email ID of the Company (Mail ID should be functioning, change, if any, update the Board by pasting new ID or changing Board, E-mail ID will be verified by OTP);
5. Telephone Number and FAX if any.
Note: Name and Address to be printed on one of the languages in general use in that locality, in the characters of that language or of one of those languages (e.g. Kannada Language in Karnataka);
It’s advisable to mention the GST Number (GSTN) if any, since it’s mandatory to mention as per Goods & Services Tax Act, 2017
- Kindly ensure that following compliances has been met before proceed for the filing Form 22A:
1. The Company has Incorporated on or before the 31st December, 2017;
2. Annual filings i.e. Form- AOC 4 & MGT- 7 are filed upto 31st March, 2018;
3. The DINs of all Directors are in ‘approved’ status and are neither ‘De-activated due to non-filing of DIR-3 KYC’ nor ‘Disqualified u/s 164(2);
4. The Form ADT-1 for Appointment of Statutory Auditor is filed;
5. Appointed whole-time Company Secretary, if the Paid Up Capital of the Company is more than Rs. 5cr;
6. Appointed whole-time Key Managerial Personnel under Section 2013 of the Act., in case of Listed Company and unlisted public Company having paid up capital of Rs. 10cr or more;
The class of Companies which are not required to file the Form INC-22A:
1. Companies which have been struck off or are under process of striking off
2. Companies under liquidation
3. Amalgamated or dissolved Companies;
- Following class of Companies are restricted to file the Form INC-22A:
1. Companies which are not filed their due financial statements i.e Form AOC-4;
2. Companies which are not filed their due Annual Returns i.e Form MGT-7;
3. Companies in which any Director of the Company failed to file the DIR-3KYC;
4. Companies which are not filed the Form ADT- 1 for Appointment of Statutory Auditors;
5. Companies which are required to appoint Company Secretary and failed to comply the same;
6. Companies which are required to appoint KMP’s and failed to comply the same;
Note: the restrictions mentioned above are based on the errors faced while filling/filing the Form-22A, however point nos 1&2 are restricted in the Rules notified by the Ministry;
- Last date for filing Form INC-22A is on or before 25.04.2019:
- A company can file “e-Form ACTIVE”, on or after 26th April, 2019, On payment of fee of 10,000/- (Rupees Ten Thousand only);
- Consequences of non-filing of Form-INC-22A:
1. The following events will not be accepted by the Registrar of Companies:
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).
6. The Company will be marked as “ACTIVE-non-compliant” in Master Date of the MCA, unless “e-Form ACTIVE” is filed as per clause V or VI supra;
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