New eForm INC-22A – Active Company Tagging Identities and Verification
The Ministry of Corporate affairs notified a new rule 25A, and introduced a new eForm INC-22A on 21/02/2019, and amended the Companies (Incorporation) Rules 2014, which shall be effective from 25th February 2019.
The above amendment requires every company, incorporated on or before 31/12/2017 to file the eForm INC-22A, with details of directors, auditors, and filings of all annual returns till 2017-18, along with photographs of registered office of the company to be attached as annexure. The company has also to provide an unique mobile number and email id in the form, which shall be verified by OTP. This form shall be digitally signed by directors and certified by practising professionals. It is mandatory for all the companies to file the said eForm on or before 25 April 2019.
However, if any company fails to file the said eForm by 25th April 2019, the Registrar of Companies will mark those companies as “Active – Non Compliant company”. In such case, the Active – Non Compliant company may file eForm INC-22A with additional fee of Rs. 10,000/- even after the due date and filing of the same, the ROC will mark them as “Active – Company”.
Further effect of non-filing is that the company shall not be allowed to file the following eForm to ROC unless complying with this provision:
- SH-7 to change in Authorised Capital,
- PAS-3 for allotment,
- DIR-12 to change in director (this is not applicable for a cessation of the director)
- INC-22 to change in Registered office, and
- INC-28 to intimate Amalgamation
Information and documents required to file the ACTIVE form are
- Photographs of Registered Office showing external & internal office
- E-mail id of the company for OTP verification.
- Directors details such as name, DIN, etc.
- Name & PAN number of auditors
- SRN of AOC-4 & MGT-7 for 2017-18
Exempted Companies: Companies on which this rule is not applicable are – companies under struck Off, Amalgamation, Liquidation or under Dissolution.