ACTIVE Form – IMPORTANT FOR ALL COMPANIES

“ACTIVE Form – IMPORTANT FOR ALL COMPANIES”

 

The Ministry of Corporate Affairs has issued a notification which comes into force w.e.f. 25^th February, 2019. It relates to filing of ACTIVE FORM [ INC-22A] The Salient features of this form are as follows:-

 

1. Active form (Active Company tagging identities and verification) has to be filed in Form No. INC - 22A.

 

2. The said form is to be filed on or before 25^th April, 2019.

 

3. The said form is to be filed by all the companies incorporated on or before 31^st December, 2017. Hence, it is applicable to all the companies whether its a Private Ltd. Company or Public Ltd. Company.

 

4. The said Active form basically contains information regarding registered office of the Company, No. of Directors, details of Statutory Auditors, details of Company Secretary, details of Managing Director and/or CEO and/or Whole time director.

 

5. With the above form, two photos are to be attached, out of which one photo shall show the external office building of the registered office of the company with presence of the Director/ Key Managerial Person (whose DSC is affixed in the form) with company’s name and address prominently appearing in the photograph.

         The other photograph showing inside office, also showing therein the Director / Key Managerial Person who has signed the form digitally.

 

6. At present fees for Active Form is NIL i.e. no fees are to be paid for filing Active form.

 

7. However, if Active form is not filed on or before 25^th April, 2019, then the said form can be filed after 25^th April, 2019 only on payment of Late filing fees of 10,000/-.
8. Please also note that unless Active form is filed, Company shall not be able to file forms like

         a. SH-07 (Change in Authorized Capital);

         b. PAS-03 (Change in Paid-up Capital);

         c. DIR-12 (Changes in Director except cessation);

         d. INC-22 (Change in Registered Office);

         e. INC-28 (Amalgamation, de-merger).

 

9. Companies which are under the process of striking off or under liquidation or dissolved or amalgamated are not required to file Active form.

 

10. Furnishing of false or inaccurate information or suppression of material information shall attract penalty and proceedings u/s 447, 448 and 449 of the Companies Act, 2013.

 

11. In view of the stringent requirement to file Active form, all concerned persons are advised to file the form on or before 25^th April.

 

-Dharit Mehta, FCA

(E) dharit@sdmca.in