prpri Notification on Companies Active Tagging Identities and Verification Notification on Companies Active Tagging Identities and Verification

Companies (Incorporation) (Incorporation) Amendment Rules, 2019

The Ministry of Corporate Affairs (MCA) on 21st February 2019 has notified an E-form ‘Active-INC-22A’, applicable with effect from 25th February 2019.

Key Highlights

Ø As per the notification, every company incorporated on or before 31st December 2017 has to file this return called “Active Tagging Identities and Verification”(e-form ACTIVE)

Ø The due date for filing E-form ACTIVE (INC-22A) is on or before 25th April 2019.

Ø Company who has not filed its financial statements under section 137 or due returns under section 92 or both with the registrar, shall be restricted from filling this e-form, unless such company is under management dispute and the registrar has recorded the same on the register.

Ø Further companies, which have been struck off or under the process of striking off or under liquidation, amalgamated, or dissolved, shall not be required to submit the aforesaid e-form.

Ø In case a company does not intimate the said particulars in the aforesaid e-form, it shall be marked as “Active-non compliant” on or after 26th April 2019 and shall be liable to pay a fee of ₹ 10,000/- .

Ø Any company marked as “Active-non compliant” will not able to file the below mentioned event based information :-

i. SH-07(Change in Authorised Capital)

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

iii. DIR-12 (Change in Director except cessation)

iv. INC-22 (Change in Registered Office)

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

Ø Where any company files “e-form ACTIVE” on or after 26th April 2019, then it shall be marked as “ACTIVE Compliant” on payment of fee.

Ø Before filling “ACTIVE” companies need to ensure that, the DIN of all Directors are “approved” and are not under “De-activate due to non-filling of “DIR-3 KYC’, & disqualified u/s 162(2).

Ø Companies are also mandatorily required to attach photograph of registered office showing external building and inside office. Also showing therein atleast one director/KMP who has affixed his/her DSC in e-form “ACTIVE”.

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