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Ministry of Corporate Affairs introduced an ordinance as Companies (Incorporation) Amendments Rules, 2019 which became effective from February 25, 2019. This form is applicable for every Company registered on or before the 31st December, 2017 shall file the particulars of the Company and registered office in e-form ACTIVE (Active Tagging and Identities and Verifications) on or before June 15, 2019.
Accordingly, all Companies which are under ‘Active’ status as on the date of filing shall file the particulars for verification of registration and registered office, in e-Form ACTIVE-INC-22A. If the form is not filed within the due date then the MCA will charge late filing fees of Rs. 10,000/-. Further, the company will be marked as ‘ACTIVE non-complaint company’ and the DIN associated with such company will be marked as ‘Director of ACTIVE non-compliant company’.
ComplianceIndia can help you understand how to register and maintain Company KYC in India quickly and hassle-free
Objectives behind introducing e-Form INC 22A (ACTIVE)
1. To identify and monitor through a single form the companies violating various applicable provisions of the Companies Act, 2013 and Rules made thereunder.
2. To enable common public to be aware of KYC status of companies and their directors.
3. Verify and collate all the details which Ministry of Corporate Affairs has about the Companies registered with it.
The e-Form INC 22A (ACTIVE) is a verification Form, which will be processed in a STP mode and any information except email ID cannot be altered later.
Consequences of non-filing of form INC-22A
If the form is not filed within the due date, then the company will be marked as ‘ACTIVE non-complaint company’. MCA will charge the late filing fees of Rs. 10,000/- from the companies filing form after the due date and shall not be eligible to file the following forms:
– SH-07 (Change in Authorized Capital)
– PAS-03 (Change in Paid-up Capital)
– DIR-12 (Changes in Director except for cessation)
– INC-22 (Change in Registered Office)
– INC-28 (Amalgamation, de-merger)
However, the company shall be marked as ‘ACTIVE Compliant’ on filing of e-form ACTIVE with specified fee.
Company for Whom INC-22A is not applicable
For following companies INC 22A is exempt / not applicable for filing.
– Companies which have been struck off;
– Company under process of striking off;
– Company under liquidation;
– Amalgamated or dissolved.
How we Work?
Documents Required for filing e-Form INC 22A (ACTIVE)
Company Name, Address & CIN Number
Latitude and Longitude details of registered office address
Email Id of the Company to enter OTP for email verification of the Company
Number of Directors, their names, DIN, Status of DIN
Details of Statutory Auditors - PAN, Name of the auditor or auditor’s firm, Firm registration Number, Period of appointment etc.
Details of Cost Accountant if any - Name, PAN, FRN, Period of Appointment, etc.
Details of Managing Director/ Whole time director/ CEO/ CFO/ CS
SRN Number of AOC-4 / MGT-7 filed of the latest financial year
Photograph of Registered office of the company showing external building and inside office also showing therein at least one director/KMP who has affixed her/his digital signature to this form.
Digital Signature Certificate of the Directors or KMP.
Our charges for filing of Company KYC from Rs. 2,599/-.
Frequently Asked Questions
1. What is E-form ACTIVE?
ACTIVE stands for Active Company Tagging Identities and Verification. The Ministry of Corporate Affairs has introduced the same for address validation of Active companies.
2. Whether two companies can use the same premises as registered Office?
As per Companies Act, 2013 nowhere limit of registered office at single premises is prescribed. Therefore, it is very clear that single premises can have any number of registered offices.
3. Can a person update his information through E-form INC-22A?
No, a person cannot update his personal information through this form. However, you may update the Email ID on which the information and OTP is required to send. Email ID is the only editable field in the form.
4. Whether LLP or Branch office also required to file e-form INC-22A?
As per Language of Rule 25A “Every Company”, therefore, one can clearly opine that Only Companies are required to file this Form. LLP and Branch offices are out of preview of e-form 22A. They are not required to file this form with ROC.
5. Explain the concept of Email & OTP Verification for Validation of INC 22A?
Form INC 22A is E-form in which details of company and email id is required. Once email id is submitted, form will generate OTP and send to Email ID of Company. The OTP needs to be filled for verification of E-form.
6. Is Form ACTIVE is a onetime compliance or annual requirement?
As of now Form ACTIVE is one-time affair. However, if any requirements arise, it may be made annual compliance by the Regulator.
7. Who shall digitally sign the E-form INC-22A?
Ensure that the eForm is digitally signed by one director in case of OPC. In case company is other than OPC, form shall be signed by one director and one KMP or two directors. Such person shall be the same as in the photograph attached. The form shall also be certified by Company Secretary/ Cost Accountant/ Chartered Accountant.
8. Is it required to comply with the provisions of Section 12 of the Companies Act, 2013 for purpose of filing form INC-22A?
Yes, due care should be taken in order to comply with the provisions of Section 12 of the Companies Act, 2013 for the purpose of filing this form.
9. Whether the company which is active non-complaint can file the annual filing and charge related forms?
Yes, the company can file the annual filing and charge related forms in case the company is active non-complaint.
10. If the DIN is deactivated due to non-filing of KYC, will I be able to file the form?
No, if the DIN of the directors is deactivated, then such director will not be able to file the form.
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