Ministry of Corporate Affairs Notification dated 22nd 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.
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 for filling the Form INC-22A for all companies incorporated on or before 31st December 2017 is on or before 25th April 2019.
Every company which are incorporated on or before 31st December 2017 are required to fill INC-22A, except the following,
Every company who will not comply with this requirement (i.e. filling form INC-22A) on or before 25th 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:
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/-