The government has recently released the address validation form i.e. e-form ACTIVE (INC-22A) included in the Companies (incorporation) Rules, 2014.
The Ministry of Corporate and Affairs (MCA) had earlier introduced the new MSME Form-1, which is required to be filed by Specified Companies whose outstanding payment to supplier exceed 45 days.
What is MCA e-form ACTIVE (INC-22A)?
The Ministry of Corporate and Affairs (MCA) under the company law requires the companies to fill out the e-form ACTIVE or INC-22A for the address validation. This form is named as Active Company Tagging Identities and Verification (ACTIVE).
It is applicable for all the registered companies under the Companies Act 2013.
Applicability of e-form ACTIVE (INC-22A)
This form is applicable on the companies incorporated on or before the 31 December 2017 and has to file the details of the company and its relevant registered office within the e-Form ACTIVE or INC-22A (Active Company Tagging Identities and Verification) on or before 25.04.2019
Companies that are not required to file e-form ACTIVE (INC-22A)
E-Form Active shall not be filled by the following companies, which are:
- Struck off;
- Under the process of strike off;
- Under liquidation;
Due Date of filing e-form ACTIVE (INC-22A)
The government has mandated the filing of e-form ACTIVE or INC-22A and it has to be filed on or before 25th April 2019. If it is filed after 25th April 2019, penalty of Rs.10,000 shall be imposed or the company may be removed from the Registrar of companies.
Where Company is marked as “Active non-compliant”
If a company does not file e-form ACTIVE or INC-22A on or before 25.04.2019, then the company would be marked as ACTIVE non-compliant. And once a company is marked as ACTIVE non-compliant, it would not be able to file or effect any of the following changes:
- (Form SH-07) Changes in authorized capital
- (Form PAS-03) Changes in paid-up capital
- (Form DIR-12) Changes in Director except for cessation
- (Form INC-22) Changes in Registered Office
- (INC-28) Amalgamation or Merger
If a company files e-form ACTIVE or INC-22A after 25.04.2019,a penalty of Rs.10,000 would be levied. After making payment of the penalty and filing of all overdue returns, the company would be again marked as ACTIVE compliant.
Consequences of not filing e-form ACTIVE (INC-22A)
Non-filling of e-form ACTIVE (INC-22A) allows Registrar of Companies to conduct a physical inspection of the Registered office of the Company and also to strike off the name of your Company from its Register.
The Company will also be debarred for the filing of various major e-forms like Form SH-7,PAS-03 and other as discussed previously.
Documents to be attached for filing e-form ACTIVE (INC-22A)
Photograph of the registered office showing the inside office and external building, showing at least one director or KMP and the same director will affix its Digital signature (DSC) on the form.
- CIN of the company
- Name and Address of the company
- Latitude and longitude of the registered office
- Email Id for OTP verification
- Number of directors with their Director Identification Number (DIN)
- Statutory Auditor Details
- Cost Auditor Details
- Details of MD, CEO, Manager or WTD
- Details of Company Secretary (CS)
- Details of CFO
- SRN of AOC-4 and MGT-7 filed for FY 2017-18
e-form ACTIVE (INC-22A) is required to be digitally signed by one director or one KMP or two directors in case other than OPC.