E-Form Active by Filing of INC-22A

Posted on: 2019-03-09 02:42:11

MCA has introduced a new e-form INC 22A to update the KYC details for all types of companies registered with MCA. All particulars including company registered office has to be file in this form to mark as active status ok and it is mandatory for all entities.

The Ministry of Corporate Affairs has notified the Companies (Incorporation) Amendment Rule, 2019; under which all the companies who have registered/ incorporated on or before 31st December 2017; are required to file e-FORM ACTIVE (Active Company Tagging Identities and Verification) in INC-22A Form on or before 15th June 2019; but earlier it was 25th April 2019. Please, don't be confuse.

The purpose of e-Form ACTIVE is to update the details of the company so that it would not be treating as inactive.

Due date for filing of e-Form ACTIVE INC-22A

The company incorporated before December 31, 2017; are needed to file eForm INC-22A on or before June 15, 2019. The government has extended the deadline of E-Form Active to 15th June 2019. So that the companies can get time to comply with their provision.

Consequences of noncompliance/ non filing of e-Form INC-22A

If you are failure to file e-Form ACTIVE in time and doing it same later, you’ve to pay a penalty of Rs. 10,000 as late filing.

And if you’re not filing/ complying this form, the company will be marked as “ACTIVE Non-Compliant” in MCA Master Data.

What shall be the effect of ACTIVE Non-Compliant?

After declaring the company as ACTIVE Non-Compliant, it couldn’t be able to manage/ operate these following key things:

  1. Can’t make changes in capital structure
  2. Can’t go ahead with merger/ amalgamation deals
  3. Can’t rotate its director
  4. Can’t changes its registered office
  5. Can’t file the annual forms

Who shall not be allowed to file e-Form ACTIVE?

The companies who’ve not filed/ update the following things are restricted from filing of e-Form ACTIVE. For this, the company has to file the details with Registrar first, then they can move for filing of INC-22A.

  1. Company financial statements towards ROC for FY 2017-18
  2. If the DIN status of any Director is not approved
  3. If ADT-1 is not filed for 2018-19
  4. If the number of Directors is less than the minimum under prescribed Act

Who are exempted from filing of e-Form INC 22A ACTIVE?

According to the notification of MCA, these companies are not required to file the ACTIVE Form:

  • Struck off company
  • Under processing of striking off companies
  • Under liquidation companies

Mandatory documents required to attach in eForm INC-22A

Photographs of registered office showing the external building and inside office with presenting at least one director therein

Particulars required for filing of eForm INC-22A

  • Email ID of company and generated OTP to mail
  • Name of all Directors of the company with DIN status active
  • Details of Statutory Auditor/ Cost Auditor
  • Details of CEO, CFO and if any
  • Details of Company Secretary if paid up capital is Rs. 5 crores or more

Look at the info image of FORM NO. INC-22A, you'll get a clear-cut idea about what it is. And will have to fill the mandatory fields as well as optional to make your company as ACTIVE.

Form INC-22A

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