All about New E FORM INC- 22A- ACTIVE

ALL ABOUT NEW E FORM INC- 22A- ACTIVE (Active Company Tagging Identities and Verification) inserted vide Companies (Incorporation) Amendment Rules, 2019.

Legislative Law

ln the Companies (incorporation) Rules, 2014, after rule 25, the following shall be inserted, namely:-

’25A. Active Company Tagging Identities and Verification (ACTIVE).–

(1) Every company incorporated on or before the 31st December,2017 shall file the particulars of the company and its registered office, in c-Form ACTIVE (Active Company Tagging Identities and Verification) on or before 25.04.2019.

Applicability of INC-22A (ACTIVE)

All the Companies which have been incorporated on or before 31^st December, 2017 are required to file form INC-22A (ACTIVE).

However companies which have failed to file financial statements under section 137 or 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.

Due date for filing the form INC-22A (ACTIVE)

Form INC-22A (Active) shall be filed on or before 25^th April, 2019.

If it is filed after 25^th April, 2019 then additional fee will be Rs. 10,000.

After filing the form the status of the company shall be marked as “ACTIVE Compliant”  

Consequences of Not filing the form INC-22A (ACTIVE)

If a Company has failed to file this e-form on or before 25th April, 2019, the company shall be marked as “ACTIVE- non-compliant” and also the following e-forms shall not be accepted:

• SH-07 (Change in Authorized Capital)
• PAS-03 (Change in Paid up Capital)
• DIR-12 (Changes in Director except cessation)
• INC-22 (Change in Registered Office)
• INC-28 (Amalgamation, de-merger)

Also note that for filing this DIN of All directors should be in Active mode with MCA and SRN details AOC-4, AOC-4 XBRL, & MGT-7 filed for FY 2017-18 to be given.

But the E-form yet to be notified in MCA Website.

Companies which are not required to file the form INC-22A (ACTIVE)

Following Companies shall not be required to file this e-form:

• Struck off companies
• Companies under the process of striking off
• Companies under liquidation
• Amalgamated or Dissolved companies

Information which are required to be furnished

1. Company Details

• Name & Reg. Office
• Latitude & Longitude (RO)
• Mail ID & OTP verification
• of Directors with DIN

2. Statutory & Cost Auditor Details

• Name, PAN
• Membership, FRN
• Period of appointment

3. KMP Details; if any

4. SRN of e-form AOC-4 & MGT-7 for FY 2017-18

5. Attachments to this e form:

• Photograph of Registered office showing external building and inside office also showing therein atleast one Director KMP who has affixed his/her DSC to this form.

Author: CS Yogesh Gupta is the Author of this article and is a Practicing Company Secretary. Author can be reached at csyogeshgupta@gmail.com or 7742681270