INC-22A - ACTIVE (Active Company Tagging Identities and Verification)
Section and Rule Number(s)
Rule 25A: Active Company Tagging Identities and Verification (ACTIVE).-
[if !supportLists]1. [endif]Who can / cannot file the form INC-22A ACTIVE (Active Company Tagging Identities and Verification)?
- very 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
2. Non – Compliance of INC-22A ACTIVE:
-Where a company files “e-Form ACTIVE”, on or after 26th April, 2019, the company shall be marked as “ACTIVE Compliant”, on payment of fee of ten thousand rupees”. The company is also liable for a physical inspection of ROC, if required.
-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.
-Provided also that no request for recording the following event based information or changes shall be accepted by the Registrar from such companies marked as “ACTIVE-non-compliant”, unless “ e-Form ACTIVE” is filed –
(i) SH-07 (Change in Authorized Capital);
(ii) PAS-03 (Change in Paid-up Capital);
(iii)DIR-12 (Changes in Director except cessation);
(iv) INC-22 (Change in Registered Office);
(v) INC-28 (Amalgamation, de-merger)
3. Purpose of the eForm:
-The Central Government has been vested power under Section 12 (9) and Section 469 (1 and 2) to make rules for carrying out in the provisions by a notification for any matter whatsoever under the Companies Act 2013 ( hereinafter referred to as " the Act". The Ministry of Corporate Affairs regulates Corporate Affairs in India and is also a protector of interests of Investors, stakeholders. It issues notifications to regulate affairs of the Company as and when required.
-The said amendment is for "Geo – Tagging" of the Registered Office of every company, which intends to alert government officials wherever it detects too many companies registered in the same premise, This would help in cracking down of "Shell Companies".
4. Content need to be filed with the E-Form INC-22A ACTIVE:
-Contents need to be filed with the e-form ACTIVE ( FORM NO. INC-22A) are:
1.
a. Corporate Identification Number b. Name of the Company c. Address of the Office with photo having a digital signature of atleast one d. Director(s)/KMP and the Latitude and Longitude also needs to be providede.
e.E-mail id of the company
2.
a. Number of Directors b. List of Directors as on date of filing having approved DINs
3. Details of the statutory auditors and their numbers and their details such as PAN number of auditor or the firm, its name, registration number and period of appointment
4. Whether the company requires a Cost Auditor, if yes then the details needs to be given
5. Details of the Managing Director or Chief Executive Officer or Manager or Whole-time Director
6. Details of the Company Secretary
7. Details of the Chief Financial Officer
8. Details of forms AOC-4/AOC-4 XBRL and MGT-7 filed for FY 2017-18
In the end of the Form you need to give the attachments, declaration, verification and certification.
