FORM NO. INC-22A- ACTIVE (Active Company Tagging Identities and Verification)- Rule 25A of The Companies (Incorporation) Rules, 2014

In exercise of the powers conferred by sub-section (9) of section 12 and subsections (1) and (2) of section 469 of the Companies Act, 2013 (18 of 2013), the Central Government notified rules further to amend the Companies (lncorporation) Rules, 2014

Companies (Incorporation) Amendment Rules, 2019 has been notified by the MCA and inserted Rule 25A which shall come into force with effect from 25th Feb 2019.

1. APPLICABILITY:

Every company incorporated on or before the 31 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.

2. Companies not required to file e Form ACTIVE: Said Rules does not apply on following Companies

  • struck off or,
  • under process of striking off or,
  • under liquidation
  • amalgamated
  • dissolved

3. Particulars to be filed in the e form ACTIVE:

  • Photo of the Registered Office also showing therein at least one Director(s)/ KMP who has affixed his/her Digital Signature to said form.
  • Latitude and Longitude of Registered office.
  • of Directors with DIN along with list of directors.
  • Email of company.
  • Details of Statutory Auditors
  • Details of Cost Auditor (If any)
  • Details of the Managing director or Chief Executive Officer (CEO) or Manager or Whole-time Director .
  • Details of Company Secretary (If any)
  • Details of the Chief Financial Officer (CFO)
  • Details of forms AOC-4/AOC-4 XBRL and MGT-7 filed.

4. Consequences of Non-Filing of Form:

  • In case a company does not intimate the said particulars, the Company shall be marked as “ACTlVE-non-compliant” on or after 26th April, 2019 and shall be liable for action under sub-section (9) of section 12 of the Act.

Provided also that 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 –

  • 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)

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”.

5. Signing of Form

  • Digitally signed by one director in case of OPC.
  • Digitally signed by one director and one KMP or two directors in case of other than OPC.
  • Certified by the one Practicing Professional.

This Article is prepared by KISHAN SINGH, CS PROFESSIONAL STUDENT- 2 Group Passed. Email: singhkrishna817@gmail.com.

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Location: New Delhi, IN
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