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Companies ( Incorporation ) Amendment Rules, 2019

wef 25.02.2019

The MCA vide its Notification dated 21.02.2019 has prescribed a new set of regulations by inserting Rule 25A after Rule 25 of The Companies ( Incorporation ) Rules, 2014

Rule 25A ( ACTIVE COMPANY TAGGING IDENTITIES AND VERIFICATION ) (ACTIVE )

The Essential Constituents

The Companies have to file MANDATORILY Form No. 22A ( ACTIVE ) with the MCA on or before 25.04.2019 containing the following details :

CIN of the Company.

Geo-tagging of the Registered Office premises is made mandatory. The photograph of the registered office address from outside and inside along with the photo of the applicant who shall be signing the said Form 22A with longitude and latitude details needs to be entered.

  • E-mail id of the Company is mandatory on which an OTP shall be sent for verification.
  • Details of all Directors in a Company with their DIN and status of DIN needs to be filled.
  • Details of Statutory and Cost Auditors ( if required ) as to their PAN, Name, Membership Number or FRN No. And financial years for which such Auditors are appointed needs to be mentioned.
  • Details of Managing Director, Chief Financial Officer, Chief Financial Officer, Whole Time Director, Manager and Company Secretary needs to be entered.
  • SRN of AOC4/ AOC4-XBRL and MGT7 filed for the financial year 2017-2018 needs to be mentioned
  • Applicable on ALL Companies incorporated on or before 31.12.2017 with a few exceptions
  • Companies which are struck off
  • Companies which are under the process of striking off
  • Companies which are under liquidation
  • Companies which are liquidated
  • Companies which are dissolved
  • Companies which are amalgamated are not required to file the said e-form.
  • However, Companies which have not filed their Financial Statements and/or Annual Returns shall be restricted from filing unless such Company is under management dispute and that the Registrar has recorded the said fact in the register.

FAILURE TO COMPLY

If the Companies do not intimate on or before 25.04.2019, such Companies shall be marked “ACTIVE NON COMPLIANT “ and shall be liable to action under subsection (9) of Section 12 of the Act which reads as –

Further, no request for recording the following event-based information shall be accepted by the Registrar unless “e-form ACTIVE “ is filed:

  • SH-7 ( Change in the Authorized Share Capital )
  • PAS-3 ( Changes in Paid Up Capital )
  • DIR12 ( Changes in Director except for cessation )
  • INC22 ( Changes in Registered Office )
  • INC28 ( Amalgamation, de-merger )

FILING REQUISITIES

  • Due date of filing the said e-form “ ACTIVE “ ( Form 22A) is on or before 25.04.2019 wherein no fees shall be charged.
  • If the e-form ACTIVE is filed after 25.04.2019 a penalty of 10,000/- shall be levied

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