The Central Government hereby makes the further rules to amend the companies (incorporation) Rules, 2014 known as companies (incorporation) Amendment rules 2014. This MCA vides its notification dated 21/02/2019, inserted a new Rule. These amendments shall come into force with effect from 25/02/2019.

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Under this amendment ministry of corporate affairs come up with a new e-form INC 22A which is known as e-Form ACTIVE (Active companies Tagging Identities and verification).

This form will judge the status of the company, on filing this form company’s status will be

 Active-compliance or on non-filing status of the company will be Active Non-compliance.

APPLICABILITY OF FORM INC-22 A (Active)

• On companies incorporated on or before 31 December 2017

Prerequisites of Filing INC-22A

Exemptions Companies From INC-22a

• Struck-off companies
• Companies which are under the process of striking off
• Companies under Liquidation
• Amalgamated and dissolved Companies

Companies which are not allowed to file INC-22A

• Company which has not filed its due financial statement under section 137 (AOC-4)
• Company  which has not filed its annual return under section 92 (MGT-7)
• Company which has skipped filing of both above form that is MGT-7 & AOC-4 (Exemption to this rule is for those Companies which are under management dispute and the Registrar has recorded the same on the register)

Attachments and information required for filing form INC-22A:

• Company details
  1. Name & Reg. Office
  2. Latitude & Longitude (ROC)
  3. Mail ID & OTP verification
  4. No. Of directors with DIN
• Statutory & Cost auditor Details
  1. Name, PAN
  2. Membership, FRN
  3. Period of appointment
• KMP Details (if company has appointed KMP)
• SRN of e-form AOC-4 & MGT-7 for year FY 2017-18
• Photograph of registered offices showing external and inside office also showing therein at least one director/KMP who has affixed his/her digital signature to this form.

E-form to be digitally signed by

DIRECTOR / MANAGER / CS / CEO / CFO of the Company.

Certification of the e-form by professional

The form is to be mandatorily certified by a professional (CS/CA/CWA) in Practice.

Due dates for filing e-form INC-22A: 15^th June 2019

• Fees of filing before due date- NIL (zero)
• Fees for filing after due date: Rs. 10,000 as provided by Companies (Registration Offices and Fees) Amendment Rules, 2019

NON-filing or late filing consequences

• Late filing fee will be of INR 10000
• Company status will be marked as Active-Non compliance under MCA master data.

On non-filing this form the company shall not be allowed to file following eforms after due date:

• SH-07 (Change in Authorized Capital);
•  PAS-03 (Change in Paid-up Capital);
• DIR- 12 (Changes in Director except cessation);
• INC-22 (Change in Registered Office);
• INC-28 (Amalgamation, de-merger)

Copy of Form INC-22 A

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