MCA has introduced new E-Form INC 22A – also known as ACTIVE (Active Company Tagging Identities and Verification) by issuing Companies (Incorporation) Amendment Rules, 2019 on 21st February, 2019 applicable w.e.f. 25th February, 2019.
What is Form INC- 22A?
This Form is introduced by MCA for validating the addresses of the companies registered under the Companies Act, 2013 to ensure that they are e-filling their details accurately and also, to prevent the creation of shell companies in coming years.
Applicability of Form INC – 22A
All companies incorporated on or before 31st of December, 2017 are required to file the particulars of the company in INC – 22A to validate the address of the registered office on or before 15th June, 2019 (as extended from 25th April 2019)
Which Companies are exempted from filling Form INC – 22A?
Certain companies are exempted from filling this form:
- Struck Off Companies
- Under Process of Striking off Companies
- Companies under Amalgamation
- Companies under Liquidation
- Dissolved Companies
Companies Restricted from Filling of Form INC – 22A
Companies which have not filed its due financial statements under Section 137 or due annual returns under Section 92 (i.e. Form AOC – 4 and Form MGT – 7) or both with the Registrar shall be restricted from filing the ACTIVE form. Whereas, if any company is under management dispute and the same has been recorded by the Registrar it can file the ACTIVE form.
What are the documents required to be attached in the Form INC-22A?
- Photograph of the inside office showing therein at least one director/KMP and the same director will affix its DSC on the form.
- Photograph of the external building of registered office showing company name and registered address on the board in local as well as English language.
Information required to be given in INC – 22A
- CIN of the Company
- Name of the Company
- Registered office of the company
- Latitude and Longitude of the Registered Office
- Email ID of the company- must be active as in form we need to Enter OTP come on this mail id.
- Number of directors and their DIN
- Details of statutory auditor (Name/ PAN/ Membership Number/ Firm Registration Number/ Period of appointment)
- Details of Cost Auditor, if applicable (Name/ PAN/ Membership Number/ Firm Registration Number/ Period of appointment)
- Details of MD/CEO/Manager or WTD
- Details of Company Secretary (Name/PAN/Membership number)
- Details of CFO (Name/PAN)
- SRN for both AOC- 4 and MGT – 7 must be furnished with this form. In order to have an SRN, both the forms must be filed within the specified time period.
Fees for late Filing of Form INC – 22A
Any Company who has E-Filed Form INC – 22A after the due date (i.e. 15th June 2019) is required to pay a late fee of Rs. 10,000/- for late filing the form.
Consequence of Non Filing of Form:
If the company has not filed Form INC– 22A, his status will be marked as “Active – Non Compliant” in MCA Master Data.
Such defaulting Companies will not be allowed to file following e-forms:
- SH-7(Changes in Authorised share capital)
- PAS-3(Change in paid up capital)
- DIR-12 (Change in director except for resignation purpose)
- INC-22(Change in registered office)
- INC-28 (in case of amalgamation/demerger)