New notification issued by MCA with regards to insertion of new Rule 25A Companies (Incorporation) Amendment Rules, 2019 which will come in force with effect from 25th February, 2019.
Rule 25A talks about Active Company Tagging Identities and Verification (ACTIVE) which is to be filed by *every company which is incorporated on or before the 31st December, 2017 requesting for the following information and documents of the Company to be filed in “e-form ACTIVE”(INC-22A):
1. Registered office address along with Photo of registered office external building and inside building with the Photo of at least one Director/KMP who is affixing the Signature on the Form.
2. Latitude & Longitude of registered office (geographical details of the office location)
3. Number of the Directors as on the date of filing -As it gives prefill option, we need to make sure that all the DIN of the Directors are active not Deactivated due to non-filing of DIR-3KYC
4. Email id of the Company – (OTP will be generated on Email id of the Company)-
5. Details of Statutory Auditor
6. Details of the Cost Auditor if Applicable
7. Details include DIN no, Name and Designation of CEO, manager and whole time director.
8. Details include Pan, Name and Membership Number of Company Secretary if Applicable.
9. Details of CFO if Applicable.
10. SRN number of AOC-4/MGT-7 for FY 2017-2018
The due date for filing the form is on or before 25th April, 2019.
*Companies which have been struck off or under process of striking off or under liquidation are exempted to make the filings. Also, company which has not filed its due financial statements under section 137 (AOC-4) or due annual returns under section 92 (MGT-7) or both with the Registrar shall be restricted from filing the said form.
Penalties, if not filed within due date and Consequences
if not filed within due date 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. It shall be activated back only upon payment of the stipulated fee of Rs. 10,000/- as notified vide Companies (Registration Offices and Fees) Amendment Rules, 2019 as attached.
Further, Company will not able to file the following forms(as and when required) with Registrar of Companies
- SH-07 (Change in Authorised 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)
Please find attached the notification and along with Companies (Registration Offices and Fees) Amendment Rules, 2019. Also, please note the final version of the e-form ACTIVE is still awaited and there could be further amendments in the form.
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