Continuing with its crackdown on “fly by night and dummy” 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.
Once a company is marked as ACTIVE non-compliant, it would not be able to make changes to its capital structure or go ahead with merger or amalgamation deals.
Recently MCA has passed the order, Every specified company shall file in MSME Form I details of all outstanding dues to Micro or small enterprises suppliers existing on the date of notification of this order within thirty days from the date of publication of this notification. The Same been later extended to thirty days from the date of deployment of Form on MCA website vide General Circular No. 01/2019 dated 21.02.2019.
With a spate of corporate irregularities coming to the fore, the Centre has decided to make disclosure norms more stringent. Corporate India is now required to submit details of transactions involving receipt of money or loans taken by them, which are otherwise not considered deposits.
Form INC22A – ACTIVE Company Tagging
The government has recently come up with the new exacting move by unveiling new e-form INC 22A which is also known as e-Form ACTIVE (Active Company Tagging Identities and Verification). Through notification on 21 February 2019, MCA has introduced the Companies (Incorporation) Amendment Rules, 2019. The due date for filing this Form is 25th April 2019.
Applicability of Form INC-22A (Active)
- Every Company which is incorporated on or before 31 December 2017.
- However, Companies whose Financial Statements or Annual Return or both are due not will be able to file ACTIVE form but with the exception for under dispute companies which includes-
- Striked off Companies;
- Companies which are under the process of Striking off;
- Companies under Amalgamation;
- Companies under Liquidation;
- Companies which are
The government Filing fee for Form 22A
There is no government fee / ROC Fee if the form is filed within its due date. However, in case the company misses the date of 25th April 2019. Then the same can still be filed with an Additional ROC Fee of Rs. 10,000 only.
Information to be submitted in Form INC-22A (Active)
In INC22A, the company is required to submit the following information:
- Name of the Company and CIN
- Registered Address of the Company
- Two Photograph of the registered office of the company. The first photo of the registered office shall be taken from outside of the premises, whereas the second photo needs to be taken from within the registered office premises showing at least one director / KMP who shall be signing the e-form INC-22A.
- Location of registered office on Map defining Latitude / Longitude
- Email for OTP verification
- Details of:
- Directors, DIN, and Status of DIN
- Statutory Auditor (PAN, Firm number, Period of Appointment etc)
- Cost Auditor (if applicable)
- Company Secretary (if applicable)
- CEO or Managing Director
- CFO (if applicable)
- SRN Number of AOC 4 / MGT 7 For FY 17-18
Consequences of Late / Non Filing of Form INC 22A (ACTIVE)
- The company will have to pay the penalty of 10,000/- if filed the form is filled 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 transaction.
Filing of following e-forms will be barred: –
- SH-7 (for change in authorized capital)
- PAS-3 (for change in paid-up capital
- DIR-12 (for change in Director except for cessation)
- INC-22 (for change in Registered Office)
- INC-28 (for amalgamation /demerger)
Non-compliant companies would not be able to rotate their directors or make changes in their registered office.