E-form ACTIVE (INC-22A) is notified by MCA vide notification dated 21st February, 2019  (Companies (Incorporation) Amendment Rules, 2019)

Notification Date : 21st February, 2019 (21-02-2019)

With Effect From : 25th February, 2019 (25-02-2019)   

A new e-form is going to be deployed by Ministry of Corporate Affairs (MCA) – FORM NO. INC 22A (ACTIVE – Active Company Tagging Identities and Verification)

In the Companies (Incorporation) Rules, 2014, after rule 25, 25A shall be inserted. 

NOTIFICATION CLARIFICATION 

Applicability Every company incorporated on or before 31st December, 2017 (31-12-2017)

Every company includes all the companies except:

» the companies which have not filed Financial Statements u/s 137 or Annual Returns u/s 92 of the Companies Act, 2013, unless the company is under management dispute and the Registrar has recorded the same.

» the companies which have been struck off or are under the process of striking off.

»  the companies which are under the process of Liquidation

» the companies which have been amalgamated or dissolved, as recorded in the register of Registrar.

Details required to be filed » Particulars of the company.

{Number of Directors & their details, Statutory Auditor(s), Cost Auditor(s), Managing Director / CEO / Manager / WTD (if any), Company Secretary (if any), Chief Financial Officer (if any)}

» Particulars of Registered Office.

Due Date of e-form On or before 25th April, 2019 (25-04-2019)
Non-Filing of e-form »   The company shall be marked as “ACTIVE-non-compliant” on or after 26th April, 2019 (26-04-2019).

AND

» Shall be liable for action under sub-section (9) of section 12 of the Companies Act, 2013.

Section 12(9) – 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.

Consequences of non-filing No request for the recording of the following event based information or changes shall be accepted by Registrar from such companies unless e-form is filed-

» SH-7

» PAS-3

» DIR-12

»  INC-22

» INC-28

Filing of e-form on or after 26th April, 2019 The company shall be marked as “ACTIVE Compliant” on payment of fee of Rs. 10,000/-

Fee for the filing of e-form 

From 25-02-2019 to 25-04-2019 NIL
On or After 26-04-2019 Rs. 10,000/-

 GENERAL CLARIFICATION ON E-FORM 

1.  Latitude and Longitude is required to be mention in the e-form of the registered office of the company.

These may or may not be prefilled in the e-form. This can be clarified only after the deployment of e-form. Otherwise, Latitude and Longitude of any location can be searched from the Google.

2.  Email ID of the company is to be verified with OTP (ONE TIME PASSWORD) sent on the email ID given.
3. It must ensure that the DIN of all the directors are in “approved” status.

If the DIN of any of the director is Deactivated due to non-filing of DIR-3 KYC or Disqualification u/s 164(2), then first ensure the removal of deactivation / disqualification before filing of ACTIVE e-form.

4.Before filing of ACTIVE e-form, the company must ensure the filing of all its due Annual Returns and Balance Sheets with the Registrar.

It is required to give SRN’s of AOC-4 / AOC-4 (XBRL), MGT-7 filed for the FY 2017-18. If the company has not filed these forms till date, then it must ensure the filing of the same before the filing of ACTIVE e-form.

5.  Compulsory attachment of Photograph of the Registered Office showing external building and inside office also showing therein atleast one director / KMP who has affixed his / her Digital Signature.

The photograph of the director as mentioned hereabove who is affixing its DSC is required to be given as attachment.

6. The e-form is required to be certify by the director / KMP of the company and by a professional.

The professional may take an undertaking from the company mentioning all the details which he / she is certifying.

DISCLAIMER: All these clarifications are for informational purpose.

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