Home Company Procedures ACTIVE FORM INC 22A

ACTIVE FORM INC 22A

163
0
SHARE

AMENDEMENT ISSUED BY MINISTRY OF CORPORATE AFFAIRS W.R.T TO ADDRESS OFFICE OF THE COMPANY. (ACTIVE FORM INC-22A)

In the efforts of making every company compliance full, The Ministry of Corporate Affairs (MCA) came with a Notification (Amendment) in the the Companies (Registration Office and Fees) Amendment Rule, 2014 that every company incorporated on or before 31st December 2017 will be required to file Form-ACTIVE (Active Company Tagging Identification and Verification) on or before 25th April 2019.

http://www.mca.gov.in/Ministry/pdf/CompaniesRegnOfficesFeesRules21022019.pdf
http://www.mca.gov.in/Ministry/pdf/CompaniesIncorporationAmendmentRules_21022019.pdf
  • Timeline to file the Form ACTIVE :-

The company is required to file it on or before 25th April 2019 without any fees.

  • Applicable on whom:-  

These Rules are applicable on every company incorporated in India on or before 31st December 2017.

Further the Form ACTIVE provisions will apply from 25th feb 2019.

Further these provisions are NOT APPLICABLE on a company which is Struck off or already under the liquidation process.

  • Purpose of filing the form

            The main motive behind filing the Form ACTIVE is to get exact location of the office and to get to know whether the company is running or not. It’s an effort to get rid of Shell companies.

  • Fees of the form?

            There is no fees of the form upto 25th April 2019. After that the fees for filing will be Rs.10,000/-

  • What are the attachments required to file?

           The attachment to the form are :

(a) Photograph of the premises (Registered Office) of the company

  • Showing external building, and
  • Inside office also
  • Showing therein atleast one Director/KMP who has affixed his/her Digital Signature to the form.

(b) Any other attachment and also we have to provide the

  •  SRN of AOC-4/AOC-4 XBRL and
  • SRN of MGT-7 of 2017-18.
  • Form to be filed?

            The Ministry suggested to file Form INC- 22A to fulfill the compliance of this amendment.

  • Consequences to non-filing Form INC-22A (ACTIVE) ?

            Every company who fails to file the necessary form within the time limit will get the status of “ACTIVE-NON-Compliant” and then there will be a penalty fees of Rs.10,000/- to get the active status of the company.

            Further the company will not been able to file any form untill it will file the Form ACTIVE such as DIR-12(except cessation), INC-22, SH-7, PAS-3 or INC-28(for amalgamation/demerger).

CONCLUSION

After these Amendments, the Ministry is focusing mainly on shell companies and targeting the Address offices of the company that whether the company really running or there is only bogus address of companies are going on.  Further if company did not file the Active form then it will be presumed that company is non compliant and the status of that company will get “ACTIVE-NOT-COMPLIANT”

Disclaimer: The entire contents of this document have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation. Although care has been taken to ensure the accuracy, completeness and reliability of the information provided, I assume no responsibility therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws. The user of the information agrees that the information is not a professional advice and is subject to change without notice. I assume no responsibility for the consequences of use of such information. in no event shall i shall be liable for any direct, indirect, special or incidental damage resulting from, arising out of or in connection with the use of the information

Author Details

CS Sachin Mavi

(Founder)

Sachin Mavi and Associates

Company Secretaries

LEAVE A REPLY