Introduction about FORM NO. INC.22A
Active Company Tagging Identities and Verification is a new concept that is introduced by the Ministry of Corporate Affairs on 21-02-2019 by notifying Companies (Incorporation) Amendment Rules, 2019. It also introduces the new E-FORM ACTIVE (INC-22A).
It is an attempt by the Ministry of Corporate Affairs in order to identify the Active Companies and to verify their Registered Office.
A new rule has been inserted in Companies Incorporation Rules, 2014 under Verification of Registered Office.
Rule 25A states that-Every a company Incorporated on or before the 31st December 2017 shall file the particulars of the company and its registered office in e-form ACTIVE (Active Company Tagging Identities and Verification) on or before 25.04.2019.
Every Company* Incorporated on or before 31st December 2017 is required to file this e-form.
So, we can say that all these companies are required to file e-Form Active i.e. INC-22A
iii. Government Company
- One Person Company
The following Companies are not required to file this form:-
- Companies which have been struck off
- Companies that are under the process of Striking off.
iii. Companies that are under Liquidation.
- Companies which has been dissolved or amalgamated.
As per the register maintained by the Ministry of Corporate Affairs.
The following Companies will not be allowed by the Ministry of Corporate Affairs to file this e-form Active are:-
- A company which has not filed its due financial statements under Section 137 i.e. Not Filled AOC-4
- A company which has not filed its Annual Returns under section 92 i.e. Not Filled MGT-7
iii. A company who’s any of the director/s has not filled DIR 3 KYC form or is disqualified under section 164 of the Companies Act, 2013.
Consequences of nonfilling of this e-form Active
Company will be marked with “Active- Noncompliant” at the portal of MINISTRY OF CORPORATE AFFAIRS and due to this, the company will not be allowed to carry on some transactions such as:-
- Change in Authorised Capital
- Change in Paid-up Capital
iii. Changes in Director Accept Cessation,
- Change in Registered Office.
- Amalgamation, De-merger
Consequences of Filing e-form Active after the due date .i.e. 25-04-2019
A penalty will be charged from those companies who will file this form after the due date and the amount of penalty is Rs. 10,000/- as inserted by Companies (Registration Offices and Fees) Amendment Rules, 2019.
In INC22A, the company is required to submit the following information:-
- Name of the Company and CIN
- Registered Address of the Company
- Two Photographs 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 ID of the company
- Email for OTP verification
- Whether the company is listed (Yes or No)
- Details of:
- List of all Directors of the company with Active status of DIN. if any Director on Board of the Company who does not have the Active DIN Status, the company will not be able to file Form 22A.
- Name of all the Directors of the Company, if it is more than 15 then Details of Special resolution passed for such an appointment will be required. However, in the case of Government Company details of such resolution will not be required as there is no limit of directors in Government Company. Kindly check that all the Directors have filled the DIR-3 KYC Form or They are not disqualified under section 164 of the Companies Act, 2013.
- Details of Statutory Auditor.
- Name of the Auditor/Firm.
- PAN No. of the Auditor/ Firm.
- Membership No. or Firm’s Regn. No.
- Period for which the Auditor has been appointed.
- Details of Cost Auditor
- Name and No. of Cost Auditor Appointed
- Membership no.
- Period for which Appointed.
- Financial Year to be covered by the cost auditor.
- Details of Company Secretary.
- Name of the Company Secretary of the Company.
- PAN No.
- Membership No.
- CEO or Managing Director (if applicable)
- CFO (if applicable)
- SRN Number of AOC 4 / MGT 7 For FY 17-18 SRN of AOC-4/AOC-4 XBRL SRN of MGT-7