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(1) Provisions: Rule 25A of Companies (Incorporation) Amendment Rules, 2019

(2) Form: FORM INC-22A – ACTIVE (Active Company Tagging Identities and Verification)

(3) Due Date Of Filing: ON OR BEFORE 25.04.2019

(4) Applicability:

Following Companies Are Required To File E-Form Active:

Every company incorporated on or before the 31st December, 2017 shall file the particulars of the company and its registered office, in e-Form ACTIVE (Active Company Tagging Identities and Verification) on or before 25.04.2019.

Provided that any company which has not filed its due financial statements under section 137 or due annual returns under section 92 or both with the Registrar shall be restricted from filing e-Form-ACTIVE, unless such company is under management dispute and the Registrar has recorded the same on the register:

(5) Exempted Companies:

Following Companies shall not be required to file e-form ACTIVE:

  1. Every Company incorporated on or after 01.01.2018
  2. Any Company which have been struck off or under the process of Striking Off or under Liquidation or Amalgamated or Dissolved, as recorded in the register of Registrar.

(6) Consequences Of Non Filing Of E-Form Active Till 25.04.2019:

i. Company shall be marked as “ACTIVE-non-compliant” on or after 26.04.2019

ii. The Registrar may cause a physical verification of the registered office of the company in such manner as may be prescribed and if any default is found to be made in complying with the requirements of section 12(1), he may without prejudice to the provisions of section 12(8), initiate action for the removal of the name of the company from the register of companies under Chapter XVIII.

iii. Unable to file following Forms for mentioned reasons only:

  • SH-7 (Change in Authorised Capital)
  • PAS-3 (Return of Allotment of Securities)
  • DIR-12 ( Changes in Director except Cessation)
  • INC-22 (Change in Registered Office)
  • INC-28 (For Amalgamation and Demerger only)

(7) Removal Of Non-Compliance:

The Company shall be marked “Active” If Company had filed “e-Form ACTIVE” on or after 26.04.2019 with payment of Rs. 10000/

(8) Pr-Requisites For Filing E-Form Active:

Before filing e-Form ACTIVE, DIN of all Directors shall be in approved Status i.e. Neither deactivated due to non-filing of Form DIR-3 KYC, Nor disqualified due to non compliance of Section 164 (2).

(9) Mandatory Attachment Of E-Form Active:

Photo of the Registered Office showing external Building and inside Office also and also showing therein atleast one Director(s)/KMP who has affixed his/her Digital Signature to this Form is mandatory) .

(10) Information To Be Filled In E-Form Active:

  • Address of Registered Office of the Company.
  • EMAIL-ID of the Company for
  • List of Directors
  • Details of Statutory Auditors.
  • Detail of Cost Auditor (If any)
  • Detail of CEO/MD/WTD
  • Detail of Company Secretary
  • Detail of CFO
  • SRN of Form AOC-4/AOC-4 XBRL and MGT-7 for FY 2017-18.

FOR ANY CLARITY or SUGGESTION please contact me at: HITESHJHAMB66@GMAIL.CO

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Author Bio

CS Hitesh Jhamb is a young Company Secretary with a post qualification experience of 5 years and a VALUER registered with IBBI having exposure in assignments of Securities Valuation, Compliance of NBFCs,Trademarks, FSSAI, TAAI (For Travel Companies) GST, Trust & Societies and Many More. CS Hites View Full Profile

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