In order to identify active companies and to verify their registered office, the Ministry of Corporate Affairs (MCA) has on 21st February 2019 issued Companies (Incorporation) Amendment Rules, 2019 whereby every company, including a company having license under section 8 of the Indian Companies Act 2013 or under section 25 of the erstwhile Indian Companies Act 1956 and incorporated on or before the 31st December, 2017 is now required to file important details of the company and its registered office in e-form ACTIVE (INC – 22A) on or before 25th April 2019.
Active Company Tagging Identities and Verification is a new concept introduced by MCA vide Companies (Incorporation) Amendment Rules, 2019 which is applicable from 25th February 2019.
Requirements for Filing Form INC 22A:
- Name of the Company
- Full Registered Office address of the Company
- External Photo of the Registered Office, preferably showing the Name Plate
- Internal Photo of the Registered Office showing at-least one director signing the Form
- Latitude of the address on Map
- Longitude of the address on Map
- Email ID of the Company, which will be verified through an OTP.
- Names of Directors and their DIN
- Details of all Statutory Auditor, Cost Auditor, Company Secretary [Name of the Individual/Firm, PAN, Membership No, Firm Registration Number, Period for which appointed]
- Challan of Form AOC 4 and MGT 7 filed for FY 2017-18
Consequence of non filing of e-form INC–22A:
If a company does not file Form 22A or ACTIVE before 25.04.2019, then the company would be marked as ACTIVE non-compliant. Once a company is marked as ACTIVE non-compliant, it would not be able to file or affect any of the following changes:
- Changes in authorized capital (Form SH-07)
- Changes in paid-up capital (Form PAS-03)
- Changes in Director (Form DIR-12). Cessation would be allowed.
- Changes in Registered Office (Form INC-22)
- Amalgamation or Merger (INC-28)
Fees: There is no government fees if it is filed within due date. The e-Form has to be digitally signed by a Chartered Accountant/ Cost Accountant or a Company Secretary in whole-time practice.
Penalty: Penalty for filing after the due date is Rs. 10,000.
Due Date: The due date is 25th April 2019. Kindly complete the fee payment and furnish the details on or before 15th March 2019, for timely submission.
Following Companies will not be allowed by Ministry of Corporate Affairs to file this e-form ACTIVE:
- Companies which have not filed its due Financial Statements in Form AOC-4
- Companies which have not filled its Annual Returns in Form MGT-7
- A company who’s any of the director/s has not filled DIR 3 KYC form or is disqualified under section 164 of the Companies Act, 2013.
Hence, it is essential that the Companies have filed its Annual Returns till FY 2017- 2018 and the status of all its directors is ‘Active’ on MCA Portal by filing Form DIR KYC.
Exemptions: If a company is struck off or under the process of striking-off or liquidation, the Form ACTIVE need not be filed.
Nikita Bhatia is the co-founder of VenturEasy, an online platform for Company registration, book-keeping, accounting, tax consultancy and legal compliances in India. A Chartered Accountant and company secretary by profession, she has wide experience in the fields of audit, accountancy, taxation and corporate governance.