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E-Form Active (Inc-22a)


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ABOUT E-Form Active (Inc-22a)

In efforts for improving governance , curbing the malafide practices & improving the records and identity of company, Ministry of Corporate Affairs have amended the Companies (Incorporation) Rules, 2014 vide Companies (Incorporation) Amendment Rules 2019. The rules came into effect from 25th February, 2019.Section 25A in the rules have been added as Active Company Tagging Identities and Verification (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: Provided further that companies which have been struck off or are under process of striking off or under liquidation or amalgamated or dissolved, as recorded in the register, shall not be required to file e-Form ACTIVE, Provided also that in case a company does not intimate the said particulars, the Company shall be marked as “ACTIVE-non-compliant” on or after 26th April, 2019 and shall be liable for action under sub-section (9) of section 12 of the Act.

Companies Excluded From Filing

  • Struck Off
  • Under Process of Striking off
  • Amalgamated
  • Under Liquidation Cos
  • Dissolved

PENALTY & DUE DATE FOR FILING

a) Penalty

Fee of Rs. 10,000.00 if filed on or after 26th April, 2019 .

b) Due date

On or before 25th April, 2019 .

CONSEQUENCES OF NON-FILING

a) Penalty

Fee of Rs. 10,000.00 if filed on or after 26th April, 2019 .

a. Company will be marked as “ACTIVE Non-compliant” and will be liable for action under Section 12(9) of the Companies Act, 2013.

b. Filing of following e-forms will be barred:

  • SH-7 for Change in Authorized Capital
  • PAS-3 for Change in Paid Up Capital
  • DIR-12 for Change in Directors except cessation
  • INC-22 for Change in Registered Office
  • INC-28 for Amalgamation /Demerger order

REQUIREMENTS FOR FILING THE FORM

  • Photograph of the Registered Office (inner office and external building) showing at least one Director/ KMP who has affixed his DSC in the form .
  • Latitude and Longitude of the Registered office
  • E-mail id of the company for OTP .
  • Details of MD/ CEO/ Manager/ Whole-time Director, CS, CFO.
  • Complete details of the Statutory Auditors or Cost Auditors (if applicable).
  • SRN of MGT-7 and AOC-4/ AOC-4 XBRL filed for 2017-18.
  • All Director must have filed KYC and should not be disqualified.

Frequently Asked Questions

The due date for filing Form INC-22A is 25 /04/2019

Penalty for non filing of the form within Prescribe date is Rs. 10000

Every Company Incorporated on or before 31/12/2017

Companies which are exempted from filing are:

  • Struck Off
  • Under Process of Striking off
  • Amalgamated
  • Under Liquidation Cos
  • Dissolved

Following Details needs to be filled in the e-form:

  • Details of the Company
  • Details of Registered Office
  • Latitude & Longitude of Registered Office
  • OTP Verification on e-mail ID of company
  • No. of Directors with DIN (Disqualified and Non-KYC DIN cannot be entered)
  • Details of Statutory & Cost Auditor regarding their Appointment
  • Details of KMP
  • SRN of e-form AOC-4 & MGT-7 for Financial Year 2017-18
  • Photographs: Outside of Registered Office & Inside of Registered Office with presence of at least 1(one) Director /KMP who is affixing DSC to the e-form

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