INC-22A (KYC for the companies)

INC- 22A: Active Company Tagging Identities and Verification (ACTIVE)

Introduction:

INC -22A is a KYC Form for companies. The intention of MCA behind this form is to detect Shell Companies and update information of all the active companies.

Who shall file INC-22A?

As per Rule 25A of the Companies (Incorporation) Rules, 2014, INC-22A is required to be filed by every company incorporated on or before 31^st December 2017.

Which companies are exempt from filing INC-22A?

• Struck off Companies (Whether by ROC or sue motto)
• Companies under the process of Strike off
• Companies under amalgamation
• Companies Dissolved

Last date of Filing INC-22A:

The last date for filing INC-22A is 25^th April 2019.

INC-22A Form Filing Fees charged by MCA:

MCA is not charging any fees for the filing of INC-22A, if the form is filed by 25^th April, 2019. The practicing professionals who are certifying the form may charge their certification fees.

 Consequences of Non- filing INC-22A:

The company which do not file INC-22A shall be marked as ACTIVE- non- compliant with effect from 26^th April 2019 and shall be liable to action under Section 12(9) of the Act, i.e. the Registrar may conduct a physical verification of the Registered Office and if any default is found, may initiate action for the removal of the name of the company from the Registrar of Companies.

Also, the defaulting company will be restricted from the filing of the following forms:

• SH-07 (Change in Authorized Capital)
• PAS-03 (Change in Paid- Up Capital)
• DIR-12 ( Change in Director, except Cessation)
• INC-22 (Change in Registered Office)
• INC-28 ( Amalgamation, de-merger)

Further, the directors of the company shall be marked as the “Directors of the ACTIVE- Non- Compliant”.

However, the company and its directors can revive its status of ACTIVE-Compliant, as soon as the compliances are done along with payment of late fees of Rs.10000/-

Pre-requisites of the form INC-22A:

Before filing the INC-22A, the company must ensure that all compliances with regard to the filing of Financial Statements (Section 137) and Annual Returns (Section 92) for the Financial Year 2017-18 have been made, unless the company is under the management dispute (as per Circular No. 19/2011 dated 02.05.2011) and the Registrar has recorded the same.

 Procedure for filing the Form INC-22A:

A. Active Fields i.e. fields to be filled:

1. CIN of the company

2. Latitude and Longitude details

3. E-mail id of the company

4. OTP received on the E-mail id provided

5. Whether a company is required to appoint a Cost Auditor (Yes/ No)?

(Please note that only the aforesaid fields can be manually filled by the company, all other details shall be pre-filled)

Attachment with form INC-22A:

The only attachment required in the form is the photograph of any one of the Directors/KMP signing INC-22A. The photograph must be taken inside as well as outside the Registered Office showing the name and address of the Company. 2 standard images have been enclosed for the purpose of reference only.

Certification of Form INC-22A:

1. 2 Directors or 1 Director and 1KMP (1 Director in case of OPC)

2. Practicing CA/CS/CWA (CA shall be required to generate a UDIN for all the certifications made on or after 1^st February 2019)

Points to Remember before filing of Form INC-22A:

1. Please ensure that the status of DIN of all the Directors is “Approved”.

2. Though as per the Proviso to Rule 25A, only 4 categories of companies as stated earlier is exempt from the filing of INC-22A, however, practically, the form as on date is not accepting the CIN of a Dormant Company.

3. All the details in the form are pre-filled except the few already mentioned earlier, which means that before the filing of INC-22A all other compliances shall be done at least for the Financial Year 2017-18 (Recommendation: Kindly update the filing status for all the years)

4. “Send OTP” button will automatically get activated after the form has been completely filled and no errors have occurred after clicking the “Check Form” option.

 The readers of this blog can reach the author on caswetamittal11@gmail.com