The MCA made an announcement on 25th February 2019, stating that a new form called INC-22A or ACTIVE (Active Company Tagging Identities and Verification) has been introduced under Rule 25A of the Companies (Incorporation) Rules, 2014. Companies incorporated on or before 31st December 2017 and currently in the 'Active' status must file this form by 25th April 2019. Failure to meet the deadline will result in a late filing fee of Rs. 10,000 and the company will be referred to as an 'ACTIVE non-complaint company'. The associated DIN will also be marked as 'Director of ACTIVE non-compliant company'.
Late filing fees
In case the form is not filed by the due date, the company will be categorized as an 'ACTIVE non-complaint company'. Moreover, the MCA will impose a late filing fee of Rs. 10,000 on companies that file the form after the deadline.
Restriction on change in Authorised Capital
If a company fails to file the required form, they will not be able to file any forms related to changes in authorized capital, including form SH-7.
Restriction on change in Paid-up Capital
Until a company files the form INC-22A, they will not be permitted to alter their paid-up capital. As a result, they will be unable to file form PAS-3 for any changes in their paid-up capital.
Restriction on change in directorship
If a company fails to file the required form by the due date, they will not be allowed to make any changes to the directorship, except for the cessation of a director.
Restriction on amalgamation, demerger & closure
Failure to file the necessary form will prevent a company from pursuing amalgamation or demerger. In addition, they will be unable to file form INC-28 with the MCA, and will not be eligible to apply for fast track exit or dissolution of the company.
Restriction on change in registered office
If a company fails to file the required form by the due date, they will not be able to change their registered office address. This also means they will not be permitted to file form INC-22.
Certificate of Incorporation
It must include name, registered address and GST number in english and local language
It must have at least 1 director therein the office whose DSC will be affix on the form
The company has to specify the details related to latitude and longitude
Email id must be provided for OTP verification
SRN of the form for appointment of Auditor
SRN of the form AOC-4 and MGT-7
DSC of at least 2 directors will be required. Details of appointment of MD/CEO/Manager/WTD/Company Secretary/Cost Auditor (if applicable)
25th April
Companies under process of Striking off or Struck off
Companies under process of Amalgamation
Companies under process of Dissolution or Dissolved
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