e-Form INC-22A – Applicability, Consequences of non -filing, Documents & Requirements

APPLICABILITY

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.

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.

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.

CONSEQUENCES

• 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.
• 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 –

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)

• 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”.

DOCUMENTS REQUIRED

• 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.

OTHER REQUIREMENTS

• Valid email ID of the company
• Company should have minimum number of directors as prescribed in the Act [Minimum requirement in case of private company (other than Producer Company) is 2 directors and for a private producer company is 5 and for a public company is 3 or for an OPC is 1]
• Details of the date and relevant SRN of MGT-14 in case number of directors is more than 15 for all companies except Section 8 and Govt. companies
• In case DIN status is other than approved, error message shall be shown to file the relevant form before filing Active Company Tagging Identities and Verification (ACTIVE).
• Company need to file ADT-1 for appointment of Statutory Auditor, before filing INC-22A
• If the company is required to appoint Cost Auditor, Company will need to file CRA-2 before filing INC-22A
• Company should have managing director, or Chief Executive Officer or manager and in their absence, a whole-time director in case company is listed company or public company having a paid-up share capital of ten crore rupees or more.
• Company should have whole time company secretary in case company is listed or public company having a paid-up share capital of ten crore rupees or more or company having paid up share capital of five crore rupees or more.
• Company should have CFO in case company is listed company or public company having a paid-up share capital of ten crore rupees or more.
• In case AOC-4/AOC-4 XBRL and MGT-7 is not field for FY 17-18, ensure to file these forms before filing INC-22A.