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.
- 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).
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”
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CS Sachin Mavi
Sachin Mavi and Associates