ACTIVE- Active Company Tagging Identities and Verification
In continuing efforts for improving the records and identity of the company, Ministry of Corporate Affairs have amended the Companies (Incorporation) Rules, 2014 vide Companies (Incorporation) Amendment Rules 2019.
The rules shall come into effect from 25th February, 2019.
Further, Section 25A in the rules have been added as: –
1) Every company incorporated on or before 31stDecember, 2017 shall file the particulars of the company and its registered Office in e-Form ACTIVE (INC-22A) on or before 25th April, 2019 and further got extended till 15th June, 2019.
2) Fees for filing the form is “NIL” if filed on or before 15th June, 2019.
3) Any company which has not filed its Annual Filings (AOC-4/ AOC-4 XBRL and/ or MGT-7) shall be restricted from filing e-Form.
4) Exemption from filing e-form ACTIVE
· Companies which have been struck off or are under process of striking off or
· Companies which are under liquidation or
· Companies which are amalgamated or
· Companies which are dissolved, as recorded in the register
5) After 15th June, 2019, Company shall be marked as “ACTIVE-non-compliant” and shall be liable for action under section 12(9) of the Act, i.e. physical verification of the Registered Office by the ROC and consequently ROC can strike off the company if not satisfied.
6) Further, ROC will not accept event based information or changes as in:-
· SH-7 (Change in Authorized Capital)
· PAS-3 (Change in Paid-up Capital)
· DIR- 12 (Changes in Director except cessation)
· INC-22 (Change in Registered Office)
· INC-28 (Amalgamation, de-merger)
7) e-Form ACTIVE, filed for “ACTIVE non-compliant”after 15th June, 2019shall be marked as “ACTIVE Compliant”, only on payment of fee of Rs. 10,000/-
8) Requirements for filing the form:-
· Photograph of the Registered Office (inner office and external building) showing at least one Director/ KMP who has affixed his DSC in the form.
· Latitude and Longitude of the Registered office
· E-mail id of the company for OTP.
· Details of MD/ CEO/ Manager/ Whole-time Director, CS, CFO.
· Complete details of the Statutory Auditors or Cost Auditors (if applicable).
· SRN of MGT-7 and AOC-4/ AOC-4 XBRL filed for 2017-18.
· All Director must have filed KYC and should not be disqualified.
Conclusion: This is the master stroke from the government to consolidate the details of old companies at one place and tag verification of the office premises and there KMP with the company with further enforcement of compliance with the Act. This will also eliminate the inactive companies from the Master Data.
For your ready reference :www.mca.gov.in/CompaniesIncorporationAmendmentRules
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