Mandatory Filing of e-Form INC-22A (ACTIVE)

Mandatory Filing of e-Form INC-22A (ACTIVE) ‘KYC of Companies’

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ACTIVE Form INC-22A Due Date Extension

*E-Form INC-22A (ACTIVE) Last Date has been extended up to June 15, 2019*

The Ministry of Corporate Affairs (MCA) has brought a new concept of Active Company Tagging Identities and Verification by the companies and introduces a new E-Form-ACTIVE.

Companies for which Filing of e-Form INC-22A is required:

Every company which is incorporated on or before the 31st December 2017
is required to file the particulars of the company and its registered office, in Form INC-22A on or before 25.04.2019 (Date has been extended up to June 15, 2019).

However, any company which has not filed its due financial statements u/s 137 or due annual returns u/s 92 or both with the ROC shall be restricted from filing E-Form-ACTIVE until such company is under management dispute and the Registrar has recorded the same on the register.

The company that has been struck off or under the process of striking off, under liquidation, amalgamated or dissolved, as recorded in the register of ROC, not required to file E-Form-ACTIVE.

Filing of e-Form INC-22A:

Make sure that all the DIN of the Directors is active and neither ‘Deactivated due to non-filing of DIR-3 KYC ‘nor ‘Disqualified u/s 164(2)’ of the Companies Act, 2013

(Note: if DIN not approved due to such reasons, relevant steps be taken in that regard)

Information to file in E-form INC-22A-

Particulars of the Company and its registered office including,

  • Location of Registered Office on Map (Latitude and Longitude)
  • A valid E-Mail ID of the Company (OTP verification)
  • Number of Directors as on the date of filing
  • Details of Statutory Auditors
  • Details of Cost Auditor
  • Details of CFO, if applicable
  • Details including DIN, Name and, Designation of CEO, Manager and Whole-Time Director
  • Details including Name, PAN and Membership No. of Company Secretary, if applicable
  • SRN number of AOC-4/ MGT-7 for FY 2017-18

Attachments-

Photograph of the registered office address showing the Inside and Outside Building, showing at least one Director or KMP who is affixing his/her DSC to E-Form-ACTIVE.

Certifications-

The form shall be Certify by the following persons:

  • OPC- One Director
  • Other Companies- 02 Directors or 01 Director and KMP
  • Certified by CS/CA/CWA in practice
GST Registration

Consequences of Non-filing of e-Form INC-22A:

If E-Form-ACTIVE is not filed by the company on or before 25.04.2019 
(Date has been extended up to June 15, 2019) , the company shall be marked as “ACTIVE-non-compliant” on or after 26th April 2019 
(Date has been extended up to June 15, 2019) and shall be liable for action under section 12(9) of the Act.

And, no request for recording the following event-based information or changes shall be accepted by the ROC from such companies marked as “ACTIVE non-compliant” unlessE-form-ACTIVE is filed –

  1. SH-07 (Change in Authorized Capital);
  2. PAS-03 (Change in Paid-up Capital);
  3. DIR- 12 (Changes in Director except for cessation);
  4. INC-22 (Change in Registered Office);
  5. INC-28 (Amalgamation, de-merger)

Where a company files “E-form INC-22A or E-form-ACTIVE”, on or after 26th April’ 2019 (Date has been extended up to June 15, 2019). , the company shall be marked as “ACTIVE Compliant”, on payment of a fee of TEN THOUSAND RUPEES.

For Filing of e-Form INC-22A, you can contact professionals through CAONWEB to avoid penalty of TEN THOUSAND RUPEES.

Due date of filing form INC 22A (ACTIVE) Extended till 15th June 2019

Date Extended Till 30-June-19

DIRECTOR KYC

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WHO HAS TO FILE e-FORM DIR-3 KYC?

As per MCAs announcement, any director who has been allotted a DIN on or before 31st of March 2019 and whose DIN is in approved status, will have to submit his KYC details to the MCA. It is a mandatory compliance requirement for all directors.

Last date for eForm DIR 3 KYC has been Extended from 30 April to 30 June 2019: MCA

WHAT IS DIRECTOR IDENTIFICATION NUMBER?

DIRECTOR IDENTIFICATION NUMBER is a unique identification number. This is a one-time process for any person who wants to be a director in one or more companies.

LIST OF DOCUMENTS REQUIRED:

The following documents are required for filing your DIR 3 -KYC form:

  • Permanent Account Number (PAN)
  • Voters Identity card/ Driving License
  • Passport (mandatory if DIN holder is a foreign national)
  • Aadhaar card
  • Personal Mobile and
  • Personal Email Address
  • Digital Signature of director (applicant)

The above-mentioned documents need to be attested from Practicing Professionals like CA, CS or Cost Accountants. In the case of Foreign Nationals, documents need to be apostille/ attested by the prescribed authority.

Company Registration – How to Register a Company in India

WHAT HAPPENS IF KYC IS NOT FILED WITHIN THE DUE DATE SPECIFIED?

In case, the director who is supposed to file the e-Form does not file it by the end of the due date, the department will mark the DIN of such director as ‘Deactivated’ with the reason of ‘Non-filing of DIR-3 KYC’.

For any queries and services related to this, you can visit our website of caonweb and contact our team of experts.

FAQs

Question:- Time period for validity of OTP?

Answer:- OTP sent on email and Mobile shall be valid for 15 minutes.

Question:-If foreign director resident in Indian can use Indian Mobile No.?

Answer:-Yes, if a foreign director is resident in India, can use Indian Mobile No.

Question:-What is due date of DIR-3 KYC?

Answer:-Due date of filing of DIR-3KYC is 30th April 2019

Question:-Whether DIRECTOR KYC is mandatory for Disqualified directors?

Answer:- Yes, this procedure is mandatory for Disqualified directors too.

Question:-What is the late fees of filing DIR-3KYC after the due date

Answer:-The late fees of filing DIR-3KYC is Rs. 5000.

Related Blog- Filing of e-Form INC-22A 

DIR-3-KYC

DIR-3 (KYC)

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As a part of updating its registry, MCA has made it mandatory for every director to complete the KYC through DIR-3 annually.

It was mandatory for every director who was allotted DIN on or before 31st March 2018 and whose DIN is in Approved status to get their DIR-3 (KYC) filing done within the stipulated time period. The last date for filing e-form DIR-3 KYC without fee has expired on 15th September 2018. The revised date for filing e-form DIR-3 KYC with a fee of Rs.500 (Rupees Five Hundred Only) from 21st September till 5th October 2018(both days inclusive) to get the DINs reactivated has also expired.

The status of non-compliant DINs has been updated as ‘Deactivated due to non-filing of DIR-3 KYC’. However, the non-compliant DIN holders may file DIR-3 KYC with a fee of Rs.5000 (Rupees Five Thousand Only) from 6th October 2018 onwards.

How can CA On Web help you 

Our team at CA on Web is available at your service and will help you to get the filing done through our team of expert professionals by complying all the requirements of documents involved in the filing of e-form DIR-3 (KYC). All you need is to send the documents and our team of experts will handle the cumbersome filing process.

Company Registration

How it’s Done?

Duration: The duration of the whole process will be 1 day.

  • Provide the details & documents.
  • Verification of the documents
  • Filling the form and OTP of Email and mobile number
  • Certification of form
  • Submission of form
  • Acknowledgment received.

Document to be submitted

  • PAN Copy
  • Aadhar Card
  • Passport copy
  • Permanent Address Proof (Bank Statement / Electricity Bill / Mobile Bill or Telephone Bill which should not be older than 2 months )
  • Present Address Proof, if any (Bank Statement / Electricity Bill / Mobile Bill or Telephone Bill which should not be older than 2 months )
  • Valid Mobile No.
  • Valid E-mail id
GST Registration

FAQs

Every director who has been allotted DIN on or before 31st March 2018 and whose DIN is in “approved “status are required to file DIR-3-KYC on or before 31st August 2018. Even the disqualified directors shall complete this KYC compliance.

  • Can this filing be done by self?

This DIR-3-KYC should be certified by a practicing Chartered Accountant or Company Secretary or Cost & Management Accountant

  • Who should sign this DIR-3-KYC e-form?

This KYC e-form shall be digitally signed by the director himself. Any other director of the company is not allowed to sign the e-form on behalf of the director whose KYC is being done.

  • What is the mode of submission of application?

The e-form DIR-3 (KYC) can be submitted online via https://mca.gov.in

  • What are the consequences of non-filing of this KYC E-form?

After expiry of the due date, MCA has marked all approved DINs (allotted on or before 31st March 2018) against which DIR-3 KYC form has not been filed as ‘Deactivated’ with reason as ‘Non-filing of DIR-3 KYC’, which will remain in ‘Deactivated’ status till the DIR-3 KYC form is filed.

  • I have other questions regarding DIR-3-KYC e-form,

You could send your questions to info@caonweb.com

Director-kyc

DIR-3 KYC

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MCA is conducting KYC of all Directors of all companies, for the compliance of the same they have introduced a new eform DIR-3 KYC. Accordingly, every Director who having DIN and whose DIN is in ‘Approved’ status on or before 31st March, 2018 would be required to file form DIR-3 KYC on or before 31st August,2018 (MCA has extended the due date till 15th September 2018)

For filing your DIR 3 -KYC form, the following documents are required:

  • Details of Nationality and Citizenship details like gender, and date of birth.
  • Permanent Account Number (PAN)
  • Voters Identity card
  • Passport (mandatory if a foreign national is holding a DIN)
  • Driving License
  • Aadhaar card
  • Personal Mobile and
  • Personal Email Address
  • Residential address.

Apart from the above-mentioned documents, the following items are necessary for successful filing of DIR-3 KYC:

  1. Digital Signature of Individual filing the form (applicant).
  2. The documents mentioned above should be attested from Practising Professionals like CA, CS or Cost Accountants. The documents of foreign Directors need to be attested by the prescribed authority.
  3. A declaration has to be provided by the applicant duty attested by practising professionals.

Filing of DIR-3 KYC is mandatory for disqualified directors also.

The MCA will mark all approved DINs against which DIR-3 KYC form has not been filed as ‘Deactivated’ with reason as ‘Non-filing of DIR-3 KYC, after the expiry of due date mentioned as above.

In case of Non-Filing of DIR-3 Kyc within due Date then such deactivated DINs shall be allowed upon payment of a specified fee only, without prejudice to any other action that may be taken. The penalty of Rs. 5000 will be applicable post 15th sept 2018.

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