E-Form ACTIVE (Active Company Tagging Identities and Verification) was introduced by the Ministry of Corporate Affairs (MCA) and according to a recent notification of MCA, e-form ACTIVE (INC-22A) must be filed by all the companies whether public, private, Government or One person Company, that was incorporated on or before 31 December, 2017.

Due Date to file E-Form ACTIVE:

All the companies that pass the eligibility criteria should furnish the particulars and address of the registered office in E-Form ACTIVE before 25 April 2019. In case you miss the deadline, the company would be marked as “ACTIVE Compliant” and a penalty of INR 10,000 will be levied by MCA.

Exempted Companies:

Companies which have been struck off or are under the process of striking off, liquidation, amalgamation or dissolution are exempted and hence not required to file the E-form ACTIVE.

Companies not allowed to file E-Form ACTIVE:

The following companies are restricted by MCA to file E-Form ACTIVE (INC-22A):

Any company which has not filed its due Annual Returns under section 92 with the Registrar.

Such Company which has not filed its financial statements with the registrar under section 137 of Companies Act, 2013.

A company who’s any of the directors have not filled the DIR-3 KYC Form or is disqualified under section 164 of the Companies Act, 2013.

Mandatory details to fill ACTIVE INC-22A Form:

The following details must be compulsorily filled and submitted to successfully file e-form ACTIVE:

  1. Photograph of the registered office address showing the Inside and Outside of the Building.
  2. Name of all the Directors of the company as on the date of filing the form.
  3. Number of directors in the company and if a special resolution is passed for the appointment of any director, details of such resolution must also be provided.
  4. Email id of the Company on which OTP will be received.
  5. Details of Statutory Auditor, Company Secretary, CFO and cost auditor of the company, if applicable.
  6. Details include DIN no, Name and Designation of CEO, Managing director, and whole time director.
  7. Complete address of the Registered Office of the Company.
  8. SRN number of AOC-4/MGT-7 for Financial Year 2017-2018.

Certification of e-form ACTIVE (INC-22A):

The form is required to be certified by the following persons:

  • One director if the company is a One Person Company.
  • Two directors or one director and Key Management Personnel of the company, if the company is not a one person company.
  • Or by a Company Secretary, Chartered Accountant or CWA.

Consequences of non-filing of E-Form ACTIVE by the eligible company:

If a company is required to file the E-Form ACTIVE but due to any circumstance the eligible company could not file E-Form ACTIVE, then such company will be marked as “ACTIVE non-compliant” on the portal of Ministry of Corporate Affairs and as a result will not be able to file the forms such as:

 (i) SH-07 to make changes in Authorized Share Capital of the Company.

(ii) PAS-03 to increase or decrease Paid-up Capital of the Company.

(iii) DIR- 12 for appointment or resignation of Director or to change designation of Directors of the Company.

(iv) Form INC-22 for making changes in Registered Office.

(v) INC-28 for amalgamation and de-merger of the company.

Looking for filing e-form Active(INC-22A) ? contact Mr.Kumar @09902977233

 
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An MBA in finance, I like to cover the wide range of topics related to Taxation, SEBI, Finance and anything that is Public Helpful. The motive is always to make it simpler for the taxpayers understand the system better and take informed decisions.

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