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INC 22A ACTIVE Compliance Online

Form INC-22A has been introduced by the Ministry of Corporate Affairs for the address validation of all registered companies under the Companies Act, 2013. The form goes by the name tag ACTIVE (Active Company Tagging Identities and Verification).

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How to file INC 22A ACTIVE Compliance
We help you to file you INC-22A Compliance in three easy steps
Understanding the concept

One of our team member helps you to understand the concept and the documents required

Submission of requisite documents

Submit the documents required to file INC-22A Form

Uploading and Approval

After verification of all the documents, we prepare your form and upload it and get the approval.

Outline 

The Ministry of Corporate Affairs, with a wide notification dated on 21st February 2019, has made it compulsory for every company incorporated on or before 31st December, 2017 is required to file ACTIVE e-Form or INC-22A, in accordance with the Rule 25A of Companies (Incorporation) Amendment Rules, 2019, regarding the specifics of the corporation like information of the registered office, Directors, KMP, Statutory Auditors, Cost Auditors, Status of Annual Filing. Failure to file e-Form Active will lead to a penalty of Rs.10,000.

Applicability of ACTIVE/ INC-22A Form

Every Company incorporated on or before the 31st December, 2017 shall file the particulars of the Company and its registered office, in ACTIVE on or before 25.04.2019. However, following companies are exempted for filing eForm ACTIVE:

(a)Companies which have been struck off
(b)Companies under process of striking off
(c)Companies under liquidation
(d)Companies which are amalgamated or dissolved

Restrictions on filing the ACTIVE/ INC-22A Form

Any company which has not filed its due

(i) financial statements under section 137 or
(ii) annual returns under section 92 or
(iii) both(i) and (ii)

with the registrar shall be restricted for filling ACTIVE, unless such company is under management dispute and the registrar has recorded the same on register.

Information Submitted in ACTIVE Form

In the ACTIVE Form, the company is required to furnish the following particulars:
  1. Name of the Company
  2. Registered Office of the Company
  3. Photo of the registered office of the Company in which one of the Directors of the Company is the present – internal and external photo
  4.  Location of registered office on Map (Latitude / Longitude)
  5. Email – OTP verification required
  6. Details of Directors, DIN and Status of DIN
  7. Details of Statutory Auditor
  8. Details of Cost Auditor (if applicable)
  9. Details of Company Secretary (if applicable)
  10. Details of CEO or Managing Director
  11. Details of CFO (if applicable)
  12. Details of Annual Filing for FY2017-18 (AOC-4 & MGT-7)

Consequences of non-filing of Form INC – 22A

Where the company does not file the ACTIVE form it shall be marked as “ACTIVE non-compliant”, and shall be liable for action as per the Companies Act, 2013. Further, until the e-Form ACTIVE is filed, the Registrar shall not record any of the following changes/events pertaining to the company:-
Changes in authorised capital (Form SH-07)
Changes in paid-up capital (Form PAS-03)
Changes in Director, Cessation would be allowed.(Form DIR-12)
Changes in Registered Office (Form INC-22)
Amalgamation or Merger (INC-28)

Documents Required to file ACTIVE/ INC-22A

  • Certificate of Incorporation
  • Corporate Identification Number
  • Photo of the registered office of the Company in which one of the Directors of the Company is the present – internal and external photo
  • Digital Signature Certificate of director who is in the photo.
  • Email-id and mobile no for receiving OTP

 
FAQ's
Can any details be updated through filing of ACTIVE?

All the details of a company, as available in the MCA database is fetched to pre-fill ACTIVE. However, the Email ID and co-ordinates of registered office of the company is the only information that can be edited while filing the form.

What are the mandatory attachments of ACTIVE?

It is mandatory to attach the photograph of registered office of the company showing external building and inside office also showing therein at least one director/KMP who has affixed his/her digital signature to this form.

Whether ACTIVE can be filed by a company if one of the director’s DIN status is ‘Deactivated due to non-filing of DIR-3KYC’ or ‘Disqualified’?

No. The details of all the directors associated with the company is pre-filled in ACTIVE along with the respective DIN status. However, in case any of the DINs is pre-filled with status other than ‘Approved’, filing of ACTIVE shall not be allowed.

Whether a company which is ‘ACTIVE non-complaint’ can file the annual filing and charge related forms?

Yes.

Whether all the directors of a company must file DIR-3 KYC before filing ACTIVE?

Yes. In case form DIR-3 KYC is not filed by any of the directors of a company, the DIN status of such director is marked as ‘Deactivated due to non-filing of form DR-3 KYC’. Further, ACTIVE can only be filed by a company if all its directors’ DIN status is ‘Approved’.

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