eForm INC-22A: Active Company Tagging Identities and Verification (ACTIVE)

eForm INC-22A: Active Company Tagging Identities and Verification (ACTIVE) :

Recently MCA came with a notification dated 21st February, 2019 under which every company incorporated on or before the 31st December, 2017 shall file e-Form INC-22A Active Company Tagging Identities and Verification (ACTIVE).

Applicable Section/Rules– Rule 25A of Companies (Incorporation) Rules, 2014 and also need to follow Section 12 of Companies Act, 2013.

Time Limit– On or before 25^th April, 2019

Details to be provided in the form:

1. Latitude & Longitude of registered office of the company
2. Unique E-mail ID of the company
3. Number of Directors
4. Where maximum number of directors in a company is exceeding the statutory limit, SRN of MGT-14 need to be provided in the form.
5. Details of Statutory Auditor(s)- Auto Filled
6. Whether the company need to appoint Cost Auditor YES/NO
7. Details of the Managing director or Chief Executive Officer (CEO) or Manager or Whole-time Director of the company- Auto Filled
8. Details of Company Secretary of the company, if applicable- Auto Filled
9. Details of the Chief Financial Officer (CFO) of the company, if applicable- Auto Filled
10. Details of forms AOC-4/AOC-4 XBRL and MGT-7 filed for FY 2017-18- Auto Filled
11. Signature required in case of company where it is mandatory to appoint KMP- One Director and One KMP.
12. Signature required in case of company where it is not mandatory to appoint KMP- Two Directors
13. Signature required in case of OPC- One Director
14. Certification by practicing professional (CA/CS/CMA) is mandatory.

 

Attachments:

1. Photograph of Registered Office showing external building including name of the company, address of its registered office, Corporate Identity Number along with telephone number, fax number, if any, e-mail and website addresses, if any painted or affixed.
2. Photograph of inside office along with atleast one Director/KMP who is signing the form.

 

Key Points-

• Even Dormant companies need to file INC-22A
• Annual Filing should be up to date.
• E-mail ID should be unique for every company. Even in case of group companies under same management each and every company should have its unique E-mail ID.
• All Directors in the company should have “APPROVED” status of DIN.
• All companies who are required to appoint ‘Company Secretary’ as per the statutory requirement need to appoint ‘Company Secretary’ before filing INC-22A, if not appointed.
• In case of Section 8 company, if designation is selected as ‘Company Secretary’ enter either Membership No. /PAN.

Penalty for Non-Filing- Fine of Rs. 10000/- on or after 26^th April, 2019

Consequence of Non-Compliance- MCA will mark the form as ‘ACTIVE non-compliant’ unless “e-Form ACTIVE” is filed and the company will not be able to file following forms:

(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)

 

Companies not required to file this form-

• Companies which have been struck off or are under process of striking off
• Company which is under liquidation or amalgamation
• Company which has been dissolved

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