Form INC 22A Article

M/s Sharmila Mahesh Babu & Associates (SMBA) - INC 22A - Form INC 22A Article
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I. Active Company Tagging Identities and Verification (ACTIVE)

Every company incorporated on or before the 31st December, 2017 shall file KYC and its registered office, in e-Form INC-22ACTIVE (Active Company Tagging Identities and Verification) as per Rule 25A of Companies (Incorporation) Amendment Rules, 2019.

1) What is ACTIVE?

ACTIVE stands for: – Active Company Tagging Identities and Verification

A – Active

C – Company

T – Tagging

I – Identities

V – Verification

 

2) Companies required to file the Form INC-22A ACTIVE

Every company incorporated on or before 31st December, 2017 shall file form INC-22A about the particulars of the company like details of registered office, Directors, KMP, Statutory Auditors, Cost Auditors, Annual Filing status.

3) How to comply with it?

Following information to be furnished

  1. Name of the Company and CIN, Registered Address of the Company

  2. Two Photograph of the registered office of the company. The first photo of the registered office shall be taken from outside of the premises, whereas the second photo needs to be taken from within the registered office premises showing at least one director / KMP who shall be signing the e-form INC-22A.

  3. Location of registered office on Map defining Latitude / Longitude

  4. Email for OTP verification

  5. Details of Directors, DIN, and Status of DIN

  6. Statutory Auditor (PAN, Firm number, Period of Appointment etc), Cost Auditor (if applicable)

  7. Company Secretary (if applicable),CEO or Managing Director, CFO (if applicable)

  8. SRN Number of AOC 4 / MGT 7 For FY 17-18

 

4) A COMPANY- NOT ABLE TO FILE e-FORM INC-22A

  • If DIN of the Director is de-activated due to non-filing of e-Form DIR-3KYC
  • If Director is disqualified under Section 164(2)
  • Annual filing for the financial year 2017-18 has not filed.
  • Company has not appointed CS if paid up capital is Rs. 5 Crore or more
  • If KMP not appointed as per the requirement of the Companies Act, 2013
  • If auditor is not appointed as per requirement of the Companies Act, 2013
  • LLP

 

5) Consequences of Late / Non Filing of Form INC-22A (Active)

Company shall be marked as “Active – Non-Compliant” in the MCA Master data and such a company shall not be able to do any transaction.

Filing of following e-forms will be barred: –

  • SH-7 (for change in authorized capital)
  • PAS-3 (for change in paid-up capital)
  • DIR-12 (for change in Director except for cessation)
  • INC-22 (for change in Registered Office)
  • INC-28 (for amalgamation /demerger)

Filing ACTIVE (INC-22A) has expired on 15th June 2019 and no further extension would be provided. In case ACTIVE is not filed on or before the said date, the compliance status for such companies shall be marked as ‘ACTIVE Non-compliant’ and Directors of such ‘ACTIVE non-compliant’ companies shall be marked as ‘Director of ACTIVE non-compliant company’.

6) PENALTY

If such Company files the form on or after 15th June, 2019, it shall be marked as “ACTIVE Compliant” only after the payment of a penalty fee of Rs. 10,000.

7) Certification of e-Form INC- 22A “ACTIVE”

The form will be verified and signed by following persons:

In case of One Person Company- to digitally signed by one Director.

  • In case of other than One Person Company- to be digitally signed by one Director and one Key Managerial Personnel or two Directors, if the Company does not have KMP.

 

The certification will be done by an INDEPENDENT PROFESSIONAL certifying the following:

  • Correctness of email id;
  • All attachments to be complete and legible in all aspects

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