Recently MCA came with a notification dated 21st February, 2019 under which every company incorporated on or before the 31st December, 2017 shall file e-Form INC-22A Active Company Tagging Identities and Verification (ACTIVE).
Applicable Section/Rules– Rule 25A of Companies (Incorporation) Rules, 2014 and also need to follow Section 12 of Companies Act, 2013.
Time Limit– On or before 25th April, 2019
Details to be provided in the form:
1. Latitude & Longitude of registered office of the company
2. Unique E-mail ID of the company
3. Number of Directors
4. Where maximum number of directors in a company is exceeding the statutory limit, SRN of MGT-14 need to be provided in the form.
5. Details of Statutory Auditor(s)- Auto Filled
6. Whether the company need to appoint Cost Auditor YES/NO
7. Details of the Managing director or Chief Executive Officer (CEO) or Manager or Whole-time Director of the company- Auto Filled
8. Details of Company Secretary of the company, if applicable- Auto Filled
9. Details of the Chief Financial Officer (CFO) of the company, if applicable- Auto Filled
10. Details of forms AOC-4/AOC-4 XBRL and MGT-7 filed for FY 2017-18- Auto Filled
11. Signature required in case of company where it is mandatory to appoint KMP- One Director and One KMP.
12. Signature required in case of company where it is not mandatory to appoint KMP- Two Directors
13. Signature required in case of OPC- One Director
14. Certification by practicing professional (CA/CS/CMA) is mandatory.
Attachments:
1. Photograph of Registered Office showing external building including name of the company, address of its registered office, Corporate Identity Number along with telephone number, fax number, if any, e-mail and website addresses, if any painted or affixed.
2. Photograph of inside office along with atleast one Director/KMP who is signing the form.
Key Points-
- Even Dormant companies need to file INC-22A
- Annual Filing should be up to date.
- E-mail ID should be unique for every company. Even in case of group companies under same management each and every company should have its unique E-mail ID.
- All Directors in the company should have “APPROVED” status of DIN.
- All companies who are required to appoint ‘Company Secretary’ as per the statutory requirement need to appoint ‘Company Secretary’ before filing INC-22A, if not appointed.
- In case of Section 8 company, if designation is selected as ‘Company Secretary’ enter either Membership No. /PAN.
Penalty for Non-Filing- Fine of Rs. 10000/- on or after 26th April, 2019
Consequences of Non-Compliance- MCA will mark the form as ‘ACTIVE non-compliant’ unless “e-Form ACTIVE” is filed and the company will not be able to file following forms:
(i) SH-07 (Change in Authorized Capital);
(ii) PAS-03 (Change in Paid-up Capital);
(iii) DIR-12 (Changes in Director except cessation);
(iv) INC-22 (Change in Registered Office);
(v) INC-28 (Amalgamation, de-merger)
Companies not required to file this form-
- Company which has not filed its due financial statements under section 137 or due annual returns under section 92 or both
- Companies which have been struck off or are under process of striking off
- Company which is under liquidation or amalgamation
- Company which has been dissolved
Author Bio
From where we can download form …how we can submit it and where we can submit it.
Do we need CA for same ..or we can do on ur own
Companies not required to file this form-
“Company which has not filed its due financial statements under section 137 or due annual returns under section 92 or both”
It is not “NOT REQUIRED” for this above point. It is only that ROC will restrict the company till they file these returns unless such company is under management dispute and the Registrar has recorded the same on the register.
It means only after filing forms u/s 137 and sec 92 the ROC allows to file Form INC 22A.