Active Company Tagging Identities & Verification: MCA Notification

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ACTIVE (Active Company Tagging Identities & Verification)

 Rule -25A under the Companies (Incorporation) Rules, 2014

MCA vide notification Dated February 21, 2019 Once again come up with the bold move against the inactive companies by inserting a new Rule 25A under the Companies (Incorporation) Rules, 2014 for the KYC of the Companies & it's Registered office.

This new step taken by Ministry of Corporate Affairs is the KYC of Registered Office of the Company and in all similar to the Director's KYC.

The intention behind the KYC is that many companies do not follow the requirements of the Companies Act, 2013 in relation to registered office e.g. its Board and printing on letter heads.

This time Ministry comes up with one form for making the compliance of Rule 25 on stringent basis.


Effective Date- They Shall Come into Force with effect from 25th February, 2019.

Eligible Company- Every company incorporates on or before the 31th December, 2017.

Non Eligible Company -
•         Companies,
1-      Not Filed its due financial Statement  under the section 137
2-      Due Annual Return under  section 92 or
3-       Both

•         Companies,
1-      Struck off companies
2-      Companies under the process of striking off
3-      Companies under liquidation
4-      Amalgamated or Dissolved companies

Note- Above criteria for non-eligible Companies shall be as per the Records in the Register of Registrar, shall not be required to fill E- form ACTIVE.

Purpose of filing form is to highlight the particulars of the company and its registered office, in E-form ACTIVE (INC-22A), Active company Tagging identities and verification.
Consequences of Late/ Non filing of E-form INC -22A/ E-form ACTIVE-
•         A fee of 10,000/- if filed after 25-04-2019.
•         Status of the Company as "Active - Non-Compliant" in MCA Master Data.
•         Filing of following forms will be barred: -

1-SH-7 (Change in Authorized Share Capital)
2-PAS-3 (Change in Paid-up Capital)
3-DIR-12 (Changes in Director except for cessation)
4-INC-22 (Change in Registered Office)
5-INC-28 (Amalgamation de-merger)
Mandatory Documents-
•   Photograph of Registered office showing external building and inside office also showing therein at least one Director/KMP who has affixed his/her DSC to this form.
Note- A Company is cannot file E-form INC-22A, unless company has completed all due Annual Filing as per section 137 & 92.

ABOUT THE AUTHOR

Shefali Gupta : Economics Honours Graduate from Delhi University and Qualified Company Secretary, Currently working as Legal Analyst with SVR & Co. - Company Secretaries 

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