MCA has inserted new Rule 25A Under Companies Incorporation Rules 2014 by issuing Companies Amendment Rules, 2019 with the introduction of INC 22A (ACTIVE FROM).
Here are the important points to be noticed
- WHY ACTIVE FORM?
ACTIVE FORM i.e. Active Company Tagging Identities and Verification.
Under Companies (Incorporation) Amendment Rules, 2019 MCA notifies that every company incorporated on or before 31st December,2017 are required to file the particulars of the company and Registered office in INC 22A i.e. ACTIVE FORM.
- APPLICABILITY:
Applicable To The All Company whether Public, Private ,Listed Small, Nidhi, OPC Company but Excluding LLP, Branch Office.
- EXEMPTED COMPANIES:
> Strike off companies ( by ROC or Sue motto)
> Companies under the process of strike off
> Companies under liquidation
> Dissolved companies
> Companies under Amalgamation
- DUE DATE OF FILLING THE FORM:
INC 22A i.e. ACTIVE FORM is required to file by the companies till the due Date i.e. 25th April, 2019.
- FILLING FEES AND PENALTY:
No government fees for the form till 25th April, 2019 but after the due date the same to be filled with a penalty of Rs. 10,000.
- CONSEQUENCES OF NON FILLING OF INC 22A(ACTIVE FORM):
The status of the company will be Non –Complaint as consequence of non filling of INC 22A(ACTIVE FORM).
Also the company would not be able to file the following in the requisite to Non -filling:
> SH-7 (For change in authorized capital)
> PAS 3(For change in paid-up capital )
> DIR 12(for change in Director except for Cessation)
> INC22 (for change in Registered office)
> INC 28 (for Amalgamation/Merger)
- INFORMATION IN THE FORM:
> Name of the Company
> Registered Address of the Company
> Details of Directors of the Company
> Statuary Auditor information
> SRN of AOC-4, MGT-7 for financial year 2017-2018
> CEO, CFO, CS, Cost Auditor ( if applicable)
> Two Photograph of the Registered office
First photo of the registered office with the Company Board and information in it and second registered office with the Director /KMP who will be signing the Form.
> Location of the registered office on Map defining Longitude and Latitude
> Email id of Company for OTP.
♦ Important Note
Companies whose Financial Statement and Annual Return or DIR-3 KYC of all the Directors of the Company are not filled will not able to fill the INC 22A ACTIVE Form.
Companies and Professionals are required to do the filling on time to save themselves from the consequences and penalty.
Author Bio
WILL THESE PROVISIONS APPLY TO A LIAISON OFFICE. THERE IS NO DIRECTOR BUT THERE IS A KMP.
Are LLP’s required to furnish Form INC 22A or Exempt ?
Sir, My question is that if a company incorporated 12/12/2017 but taking extension of Financial year more than 15 month due to which FY will be 31/03/2019 will be taken , for such company INC-22A is possible if FY 17-18 is not filled because not required to file due to extension of Financial year period.
Is the Dormant Company (Section 455 of the Companies Act, 2013) not exempted from filing INC – 22A Active Form?
Not after but before 31st December 2017