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

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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.

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

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, the company shall be marked as “ACTIVE-non-compliant” on or after 26th April 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, 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.

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