FORM INC-22A- Active Company Tagging Identities and Verification (ACTIVE)

Ministry of Corporate Affairs Notification dated 22^nd February 2019 made it mandatory to fill Form INC-22A by every Indian company.

Now, let us have brief discussion about the Form INC-22A.

Introduction

This form is said to be filed for doing Company KYC. This will help MCA to detect Shell Companies and update information of all the active companies. Ministry of Corporate Affairs (MCA) is bringing continuous changes in the Companies Act, 2013 and the rules made thereunder with the objective of developing a transparent and compliant corporate ecosystem in the country. It has most recently amended Companies (Incorporation) Rules, 2014 via an amendment dated 21.02.2019 and inserted Rule 25A in the Companies (Incorporation) Rules, 2014.

This rule has caused origination of an e-form INC-22A-Active Company tagging Identities and verification (ACTIVE).

Due Date

Due Date for filling the Form INC-22A for all companies incorporated on or before 31st December 2017 is on or before 25^th April 2019.

Who are required to upload this form on MCA portal?

Every company which are incorporated on or before 31^st December 2017 are required to fill INC-22A, except the following,

• Struck off Companies (Whether by ROC or suo motto),
• Companies under the process of Strike off,
• Companies under amalgamation,
• Companies Dissolved.

Consequences of non filing of INC-22A

Every company who will not comply with this requirement (i.e. filling form INC-22A) on or before 25^th April 2019, company will be considered as the “Active-non compliant” with effect from 26th April 2019 and shall be liable to action under Section 12(9) of the Act, i.e. the Registrar may conduct a physical verification of the Registered Office and if any default is found, may initiate action for the removal of the name of the company from the Registrar of Companies.

Also, the defaulting company will be restricted from the filing of the following forms:

• SH-07 (Change in Authorized Capital)
• PAS-03 (Return of Allotment)
• DIR-12 (Change in Director, except Cessation)
• INC-22 (Change in Registered Office)
• INC-28 (Amalgamation, de-merger)

Further, the directors of the company shall be marked as the “Directors of the ACTIVE- Non- Compliant”.

However, the company and its directors can revive its status of ACTIVE-Compliant, as soon as the compliances are done along with payment of late fees of Rs.10,000/-

Pre-requisites of filing of Form INC-22A

• Before filing Form INC 22 A (Active Company Tagging Identities and Verification (ACTIVE) eform, please ensure the following:
• All compliances with regard to the filing of Financial Statements (Section 137) and Annual Returns (Section 92) for the Financial Year 2017-18 have been made, unless the company is under the management dispute and the Registrar has recorded the same.
• Valid email ID of the company should be given as OTP will be sent to company's email id.
• DINs of all Directors are in 'approved' status and are neither 'De-activated due to non-filing of DIR-3 KYC' nor 'Disqualified u/s164(2).
• Name, Contact details and address of Registered Office of company is painted/ affixed outside its Registered office.