Ministry of Corporate Affairs (MCA) is bringing continuous changes in the Companies Act, 2013 and the rules made thereunder with the objective of developing a transparent and compliant corporate ecosystem in the country. It has most recently amended Companies (Incorporation) Rules, 2014 via an amendment dated 21.02.2019 and inserted Rule 25A in the Companies (Incorporation) Rules, 2014.
This rule has caused origination of an e-form INC-22A-Active Company tagging Identities and verification (ACTIVE). Every Company incorporated on or before the 31.12.2017 is required to file this form on or before 25.04.2019. This form is said to be filed for doing Company KYC.
Information required to be filled in form INC-22A:
The Companies not required to file this form:
Note: 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 this form unless such company is under management dispute and the Registrar has recorded the same.
If filed within prescribed time limit, no Government fees shall be paid. Otherwise a late filing fee of Rs. 10,000/- shall be paid.
Consequences of not filing the form:
The status of the Company shall be marked as “ACTIVE non-Compliant” on or after 26th April, 2019 and in case 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 and if any default is found to be made in complying with the prescribed requirements, he may initiate action for the removal of the name of the company from the register of companies.
After the due date, the form shall be filed with a fee of Rs. 10,000/-.
Also, the Registrar shall not record any request for change in the following:
(The author of this article is a Practicing Company Secretary located at New Delhi and can be reached at firstname.lastname@example.org)
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