With the hitting of road, Government first struck-off 2.26 lakh shell companies in FY18 that had failed to file their financial statements or annual returns over two or more successive years. Similarly, in another crackdown, the Ministry Of Corporate Affairs (MCA) identified 2.25 lakh more companies for action. More than 3 lakh directors were disqualified for non-filing of annual returns by their companies for three years.
Afterwards, MCA announced Director KYC norms compelling 33 Lakh active DIN holders to provide details such as personal mobile number, E-Mail address, PAN, Aadhar, Passport etc. With the introduction of DIR-3 KYC, Government also mandated to upload a 30-second video clip introducing themselves to obtain a DSC, which was required to file DIR-3 KYC.
Now, MCA has come out with a new notification requiring 12 Lakh active companies to file e-Form INC-22A (ACTIVE – Active Company Tagging Identities and Verification). The details of the said notification are as under:
Every Company incorporated on or before 31st December, 2017.
EXEMPTED COMPANIES FROM FILING INC – 22A (ACTIVE):
CONSEQUENCES OF LATE / NON FILING:
DETAILS TO BE FILED IN e-FORM INC-22A (ACTIVE):
SIGNING AND CERTIFICATION:
1. To be digitally signed by One Director in case of OPC
To be digitally signed by Two Directors / One Director and One KMP in case of other than OPC
2. Certified by a CA/CS/CWA
As per Clause (a) Sub Section (3) of Section 12 of the Companies Act, 2013, A Company shall paint or affix its name, and the address of its registered office, and keep the same painted or affixed, on the outside of every office or place in which its business is carried on, in a conspicuous position, in legible letters, and if the characters employed therein are not those of the language or of one of the languages in general use in that locality, also in the characters of that language or of one of those languages;
Also bring kind attention to newly inserted Sub Section 9 of Section 12 which read as under:
“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.”
|MCA notifies late Fees of Rs. 10000 for newly notified e-form ACTIVE||G.S.R. 143(E)||21/02/2019|
|Companies (Incorporation) Amendment Rules, 2019||G.S.R.(E)||21/02/2019|