Hint points stating why Form INC 22A
Continuing with its crackdown on shell entities through stringent KYC regulations, the government has made it mandatory for over 12 lakh active registered companies in India to upload all their particulars including details of registered offices in an e-filing to the government.
The Ministry of Corporate Affairs has amended the incorporation rules wherein new form has been introduced, named, e-form Active Company Tagging Identities and Verification (ACTIVE).
This new e-form Active is required to be filled by all the companies which are incorporated on or before 31.12.2017 except struck off cos., under process of winding up, sticking off, liquidation and dissolved companies.
One to the important things in the e-form is mandatory attachment of the photograph of registered office showing external building and inside office with atleast one director, KMP who is authorized to affix his/her digital signature.
Consequences of Late Filing:
The company will have to pay a penalty of 10,000/- if filed the form is filed after 25 April 2019.
Company shall be marked as “Active – Non-Compliant” in the MCA Master data and such a company shall not be able to do any transactions.
MCA Notifies amendment in Companies (Incorporation) Rules, 2014
Introduction:
Ministry of Corporate Affairs (MCA) had on 21st February, 2019 Notified the Companies (Incorporation) Amendment Rules, 2019 in which Rule 25A is inserted, which will be effective from 25th February 2019. This newly inserted Rule 25A mandated as follow:
Rule 25A: ACTIVE , which means Active Company Tagging Identities and Verification.
Applicability:
Every company incorporated on or before 31st December 2017 to file the e-form ACTIVE (which is e-Form 22A) which gives particulars of the Company and its Registered Office . The purpose of such e- Form is to update the KYC of a company. This form is required to be filed once only and not every year.
Non-Applicability:
Filing of e-Form ACTIVE which is e-Form 22A is not required to be filed by following companies-
(a) which have been struck off ; or
(b) are under process of striking off; or
(c) are under liquidation ;or
(d) are amalgamated; or
(e) are dissolved
And are recorded as such in the Register maintained by the Registrar of Companies.
Unable to file
Any company which has not filed with the Registrar of Companies “;
(a) its due financial statements under Section 137 of the Companies Act, 2013; or
(b) its due annual returns under Section 92 of the Companies Act, 2013; or
(c) both (a) and (b) above,
Unless such Company is under management dispute and the Registrar has recorded the same on the register.
Due Date of filing :
E-Form INC-22A need to be filed on or before 25th April, 2019.
Filing Fees :
(a) If e- Form INC-22A filed before 25th April, 2019 then the same will be filed with no fees ;
and
(b) If e-Form INC -22A is filed after 26th April, 2019 then the same will be field with fees of 10,000/-
Approval of e-Form INC 22
The e-Form INC 22A will be processed in Straight Through Process (STP)
