22 Feb 2019Posted By: Mudit Handa


10 Things you must know about e-Form INC22A (ACTIVE)

The Ministry of Corporate Affairs routinely introduces various types of provisions for improving the compliance and enhancing the transparency among the companies. In recent months, MCA has come out with a number of e-forms for the companies with respect to annual compliance and company formation rules.

Once again, MCA has come up with another strong measure to improve compliance by introducing a new Rule 25A under the Companies (Incorporation) Rules, 2014. Under this, a new form has been introduced- the Form INC22A (ACTIVE) for companies that were incorporated on or before the 31st December 2017.

This e-Form has to be filed latest by 25th April 2019.

The aforesaid amendment shall hereby be referred to as Companies (Incorporation) Amendment Rules, 2019.

Here are 10 important facts about the e-Form INC22A (ACTIVE) that you must not overlook.

 

#1. What is Form INC22A (ACTIVE)?

The Form ACTIVE (INC-22A) is an e-Form for all those entities that were formed on or before the 31st December 2017. ACTIVE stands for Active Company Tagging Identities and Verification. In this e-Form, the companies shall file all the particulars of the company and its registered office address.

Here's the 

 

#2. Which companies have to file e-form INC22A?

All companies that were incorporated on or before the 31st December 2017 have to file e-form INC22A.

 

#3. What is the due date to file Form INC22A?

The e-Form INC22A shall be filed latest by 25th April 2019.

 

#4. How much is the late fee for Form INC22A?

The late fee for filing Form INC22A after 25th April 2019 is ₹10,000/-.

 

#5. What if Form INC22A (ACTIVE) not timely filed?

In case the Form INC22A (ACTIVE) is not timely filed, the company will simply be marked by RoC as “ACTIVE non-compliant”. Well, in that case, the company won’t be able to submit the following e-forms-

  • SH-07: For Change in Authorized Capital
  • PAS-03: For Change in Paid-up Capital
  • DIR-12: For Changes in Director
  • INC-22: For Change in Registered Office
  • INC-28: For Amalgamation, de-merger

 

#6. Which all information has to be given for efiling Form INC22A?

Here are the important details that are needed to be furnished for efiling Form INC22A:

  1. Company Details
  • Name & Registered Office
  • Latitude & Longitude of Registered Office
  • Directors’ Email ID (along with DIN) & OTP verification
  1. Statutory & Cost Auditor Details
  • Name of the Auditor
  • His PAN
  • Membership
  • Firm Reg. No. (FRN)
  • Period of appointment
  1. Key Managerial Persons (KMP) Details
  2. Service Request Number (SRN) of annual compliance e-forms AOC-4 & MGT-7, for the FY 2017-18

 

#7. Which documents are to be attached with this e form?

Here are the important documents, which are to be attached with e-form INC22A:

  1. Photographs of the Registered office which shows the exterior as well as interiors of the office building
  2. At least one Director’s KMP who has affixed his DSC (digital sign) with this form.

#8. Which Company does not require Filing e-form INC22A?

Following type of companies shall be exempted from Filing e-form INC22A:

  • Companies that are struck off
  • Company under the process of striking off
  • Company undergoing liquidation
  • Company amalgamated or dissolved

 

#9. Which Companies shall not be able to file e-form INC22A?

Those companies shall not be able to file e-form INC22A, who have not yet filed-

  • Financial statements u/s 137 of Companies  Act 2013 (Form AOC-4: Balance Sheet) or
  • Annual returns u/s 92 (Form MGT-7) or both with the RoC.

 

#10. Who shall certify e-form INC22A?

This form INC-22A shall be approved by the following persons:

  1. 1 Director (In the case of OPC)
  2. A practising CA, CS, CWA.

However, in case of any other type of Companies, 2 Directors OR 1 Director with a KMP along with the practising CA, CS, CWA certify this form.

Also, refer to the 

If you want any sort of guidance regarding e-form INC22A or the process of company formation, or annual compliance, you can feel free to contact our business advisor at 8881-069-069.

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