Article explains Eligible Companies under Rule 25A of The Companies (Incorporation) Rules, 2014 as inserted vide Companies (Incorporation) Amendment Rules, 2019. , Last Date of Filing INC-22A, Companies Who Are Restricted To File INC-22A (ACTIVE), Consequences For Not Filing E-FORM ACTIVE, Requirements of E-FORM ACTIVE, Signing Of E-FORM ACTIVE and Companies Which Are Not Required To File INC-22A ACTIVE.

1. Eligible Companies

EVERY COMPANY (LISTED, UNLISTED,PRIVATE, OPC, SMALL COMPANY ETC) incorporated on or before 31st December, 2017

2. Last Date of Filing INC-22A

S.No. Last Date of Filing Fees
1. 25th April,2019 No fee
2. 26th April,2019 onwards Rs 10,000/-

3. Companies Who Are Restricted To File INC-22A (ACTIVE)

  • Companies whose Annual Filing are pending for Financial year 2017-2018.
  • If the DIN of the Directors is not approved.
  • If the Company doesn’t have KMP as required by the Act
  • Company Secretary: Listed Company or Company whose Paid up share capital is Rs 5 Crores or more
  • CFO: Listed Company or Company whose Paid up share capital is Rs 10 Crores or more
  • MD, CEO or Manager and in their absence a Wholetime Director: in case of listed Company or Public Company having a paid-up share capital of Rs 10 crore or more.
  • If the appointment of statutory auditor /cost auditor is not done.

(Make the above Compliances GOOD and then file E-form ACTIVE)

4. Consequences For Not Filing E-FORM ACTIVE

♥ THE STATUS OF THE COMPANY WILL BE MARKED AS “ ACTIVE-NON-COMPLIANT”

♥ 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 –

(i) SH-07 (Change in Authorized Capital);

(ii) PAS-03 (Change in Paid-up Capital);

(iii)DIR-12 (Changes in Director except cessation);

(iv) INC-22 (Change in Registered Office);

(v) INC-28 (Amalgamation, de-merger)

5. Requirements of E-FORM ACTIVE

  • A valid E-mail ID is required ( OTP will be sent to E-mail ID to verify the same.)
  • Two Photographs will be required:(a) Photograph of Registered Office showing external building along with board showing the Registered office address of the Company  {Section12(3) of Companies Act,2013 provides paint or affix its name, and the address of its registered office, and keep the same painted or affixed, on the outside of every office or place in which its business is carried on, in a conspicuous position, in legible letters, and if the characters employed therefor are not those of the language or of one of the languages in general use in that locality, also in the characters of that language or of one of those languages}
    and (b) Photograph of  inside office also showing therein at least one director/KMP who has affixed his/her Digital Signature to this form.
  • Longitude and Latitude of Registered Office

6. Signing Of E-FORM ACTIVE

  • One director in case of OPC.
  • In case company is other than OPC, form shall be signed by one director and one KMP or two directors.

CERTIFICATION BY a Chartered Accountant/ Cost Accountant or a Company Secretary in whole-time practice is mandatory.

7. Companies Which Are Not Required To File INC-22A ACTIVE

  • Companies which are under the process of striking off.
  • Companies which are amalgamated/under liquidation or dissolved.
  • Companies which are Incorporated on 01st January 2018 and thereafter.

In case of any assistance,Please feel free to contact us @ Surbhibansalandassociates@gmail.com. All the suggestions and views are highly solicited.

Author Bio

Qualification: CS
Company: Surbhi Bansal & Associates
Location: NEW DELHI, New Delhi, IN
Member Since: 25 Feb 2019 | Total Posts: 1

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