Ministry of Corporate Affairs (“MCA”) vide its notification dated February 21, 2019 amended Companies (Incorporation) Rules, 2014 by insertion of new rule 25A – “Active Company Tagging Identities and Verification (ACTIVE)” with effect from February 25, 2019.
Per the notification, every Company incorporated on or before 31st December 2017 (Eligible Companies) shall file the particulars of the company and its registered office in e-form ACTIVE (INC 22A).
Following Companies need not file the said e-Form Active (INC 22A)
- Companies which have been struck off;
- Companies under the process of striking off;
- Companies under liquidation;
- Amalgamated Companies;
- Dissolved Companies;
Further, all the following Companies are restricted from filing the said e-Form Active (INC 22A):
- Companies which have not filed its due financial statements under section 137 of the Companies Act, 2013 i.e. e-Form AOC-4/AOC-4 XBRL;
- Companies which have not filed its due annual returns under section 92 of the Companies Act, 2013 i.e. e-Form MGT 7;
However, the Companies which have not filed the said e-Forms i.e. AOC 4 and/or MGT 7 respectively due to management disputes same being recorded by Registrar of Companies (“ROC”), such Companies are not restricted from filing e-Form Active (INC 22A).
The due date to file this form is 25th April 2019.
Consequences of non-filing
The eligible companies failing to file e-Form Active (INC 22A) within stipulated time shall be marked as “Active Non-Compliant” and will not be able to file following e-Forms:
- SH-07 (Change in Authorized Capital);
- PAS-03 (Change in Paid-up Capital);
- DIR- 12 (Changes in Director except for cessation);
- INC-22 (Change in Registered Office);
- INC-28 (Amalgamation, de-merger);
Further, the ROC may suo motu remove the name of the Company from Register of Companies under Section 12(9) of the Companies Act, 2013.
Amendment can be accessed at https://bit.ly/2BKjJxq