FAQs on E-Form ACTIVE/ INC 22A of MCA By CS Yashree Dixit


MCA Come up with notification dated on 21st February 2019 to make Corporate Governance more strengthen and to force all Company to comply with the Rules and Regulations as prescribed by Ministry.

(1) What is e-Form ACTIVE?

e-Form ACTIVE means, Under the RULE 25A, Active Company Tagging Identities and Verification (Which is filed in Form INC-22A). Which marked Company as “ACTIVE COMPLIANT”. Which means the Company has completed all the Regulatory Compliances.

(2) To which Companies Rule 25A is applicable?

Every company incorporated on or before December 31, 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.

However, if Company Incorporated after December 31, 2017, does not require to File e-Form ACTIVE.

(3)  Which Companies does not require to File e-Form ACTIVE?

Companies which have been

Ø struck off or
Ø is under the process of striking off or
Ø under liquidation or
Ø amalgamated or
Ø dissolved
as recorded in the register, shall not be required to file e-Form ACTIVE.

(4) What is the due date for filing e-Form ACTIVE?

For MCA, everything comes with Due-Date and in case of e-Form ACTIVE is on or before 25.04.2019.

(5) Are there any chances of Extension of Date for Filing of e-Form ACTIVE?

NO there is no chance for extension. but It is always advisable to file the form within due date to avoid penalty.
 
(6) What happens if the Company does not file e-Form ACTIVE?

The Company shall be marked as “ACTIVE-non-compliant” on or after April 26, 2019, and shall be LIABLE FOR ACTION UNDER SUB-SECTION (9) OF SECTION 12 OF THE ACT.

(7) What is the effect, if Company marked as “ACTIVE-non-compliant”?

Such Company, cannot request for recording the following event-based information & marked as “ACTIVE-non-compliant”, unless “e-Form ACTIVE” is filed –

(1) SH-07 (Change in Authorized Capital);
(2) PAS-03 (Change in Paid-up Capital);
(3) DIR-12 (Changes in Director except for cessation);
(4) INC-22 (Change in Registered Office); and
(5) INC-28 (Amalgamation, de-merger).
 
(8) What, if Company fails to file e-Form ACTIVE within Due Date?

This is a major obstacle for all Professional, due to non-co-operation from Company, or due to non-responding of Website due to heavy rush on last few days or due to negligence or due to any other reason, there may be chances for delay in Filing of e-Form ACTIVE, in such case Filing of e-Form Active shall be allowed with a fee of Rs. 10,000.

(9) What are Documents/Details Required for the filing of Form?

Documents:-

Two Photo of Registered office along with the director.
(one photograph for external building & another one inside the office.)

Longitude & Latitude of Registered office

Details:-

- Latest email id of the company for OTP verification.
- Number of directors with Director Identification Number.
- Details of Statutory Auditors, Cost Auditors.
- Details of MD, CEO, Manager, WTD, Details of CFO, Company Secretary
- SRN of AOC-4 & MGT-7 filed for FY 2017-2018.
 
(10) Is there any Link between Forms already filed on MCA Portal?

YES, List of Directors as on date of filing -  DIR -12, MR -1 and DIR-3 KYC, Details of forms AOC-4/AOC-4 XBRL and MGT-7 filed for FY 2017-18- SRN of AOC-4/ AOC-4 XBRL, SRN of MGT-7, Details of Statutory Auditor - ADT-1, Cost Auditor, if applicable - CRA-2 for Cost Auditor.

(11) Whether the Form needs the Certification? 

YES, It needs to be certified as follows: One Director and a Practicing Professional in case of OPC, One Director and One KMP or 2 Directors and a Practicing Professional in case of Companies other than OPC
 

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