The countdown to file Form INC-22A ( ACTIVE) has begun !
Now, with less than 10 days to go, we hope you have marked yourself ‘Active Compliant’.
We are reiterating some facts and facets on INC-22A:
A. What is INC-22A (ACTIVE)?
It is the format in which companies will be required to file specified particulars and its registered office details.
B. Who is required to file e-form ACTIVE?
Every company incorporated on or before 31st December, 2017.
C. By when do you need to file e-form ACTIVE?
On or before 25th April, 2019.
D. Who are restricted from filing ACTIVE?
Any company, which has not filed its due financial statement as per Section 137 or the due annual return under Section 92 or both with the Registrar unless such company is under management dispute and the Registrar has recorded the same in the register.
E. What happens if e-form ACTIVE is filed on or after 26th April 2019?
The company will be marked “ACTIVE Compliant” only on payment of fee of Rs. 10,000/-.
| Fee payable till 25th April, 2019 on e-form ACTIVE |
|
| Fee payable (in delayed case) | Rs. 10,000 |
F. What you must additionally ensure before filing e-form ACTIVE?
Ensure that the DINs of all your Directors are in ‘approved’ status and are not ‘Deactivated’ due to non-filing of DIR-3 KYC nor ‘Disqualified’.
G. Companies who are exempted from filing e-form ACTIVE:
- Companies which have been struck off or,
- Companies who are under process of striking off or,
- Companies who are under liquidation or amalgamated or dissolved, as recorded in the register.
H. Consequences of not filing e-Form ACTIVE:
- The Company shall be marked as ‘ACTIVE non-compliant” on or after 26th April, 2019.
- The company will also be liable for action as per Section 12(9) of the Act which states that the Registrar, may cause a physical verification of the registered office of the company. In case any default is found, he may initiate action for the removal of the name of the company from the register of companies.
- The Registrar will not accept the following forms unless “e-Form ACTIVE” is filed.
- SH-07 (Change in Authorized Capital);
- PAS-03 (Change in Paid-up Capital);
- DIR- 12 (Changes in Director except cessation);
- INC-22 (Change in Registered Office);
- INC-28 (Amalgamation, de-merger).
Source: Ministry of Corporate Affairs
