15 Things that you must not miss while filing e-Form INC-22A
As we all know, the Ministry of Corporate Affairs has introduced a new Rule 25A under the Companies (Incorporation) Rules, 2014. Under this, it has introduced a new Form INC-22A (ACTIVE) for all those companies that were incorporated on or before the 31st December 2017.
- This e-Form has been introduced as a strong measure for enhancing the compliance level of the companies. The due date to file the e-Form INC22A is 25th April 2019.
- In case of failure to file e-Form INC-22A, the company shall be marked as “ACTIVE non-compliant”. Thereafter, the late filing fee of ₹10,000/- shall be chargeable.
Now, the question arises that what are the documents or details required to be attached with the Form INC-22A.
Here are the 15 most crucial things you must not forget while filing this e-Form.
#1. Which Photograph is to attached on Form INC-22A?
The Photographs of the registered office has to be attached with Form INC-22A. Among these,
- One Photo should be of the exterior of the office building. It must clearly show the name of the company; and
- The other photograph should be of the interior of the office with the work team.
#2. Whether Photograph of the director also required?
Yes. the Photograph of the directors also has to be attached with Form INC-22A. This has to be signed by the DSC.
- Very importantly, the photograph of the Director must show him sitting inside his cabin in the registered office.
- The front-side photo of the Director is required.
#3. What should be the file format of the Photographs?
The Photographs of the Director and his registered office must be in PDF format. JPG, PNG, BMP, etc. formats are not acceptable.
#4. How should be the exterior of the office building?
The photograph of the exterior of the office building must show the name board of the company affixed. This should indicate the following-
#5. What if there’s no business activity at the given registered office?
It is important to specify some business activity. The company name board must specify the company name, CIN, GSTIN and contact details. In the case of no business activity at the given Registered office address, make sure that a change in the registered office has been made before filing this e-form INC-22A.
#6. Which E-mail id is acceptable?
Very importantly, only the E-mail id of the company is acceptable.
For instance, firstname.lastname@example.org or email@example.com or firstname.lastname@example.org is acceptable. E-mail id beginning by the name of directors, auditors or any 3rd party shall not be acceptable.
#7. How E-mail id is to be verified?
The company E-mail id is subject to OTP verification. A one-time password will be sent to that E-mail id provided, after which further processing will be done.
#8. How to provide the company address on Form INC-22A?
Exact geographical location has to be mentioned in the address field. This means the latitude and longitude of the registered office address shall be required. This can be easily traced from Google maps.
#9. Whether DIN-KYC required in Form INC-22A?
Of course! The complete list of all directors as on the date of filing Form INC-22A has to be given. The DINs of all directors must be active. Hence, if the KYC of any Director is pending, it must be done immediately before filing this form.
#10. Whether details of statutory auditors required?
Yes. The details of all statutory auditors appointed have to be given in Form INC-22A.
#11. Whether details of cost auditors required?
Yes. The details of all cost auditors, if any, has to be given in Form INC-22A.
#12. What if the company has an MD, CEO or WTD?
In case a company is required to have an MD, CEO or WTD, the details of the same has to be given in the Form INC22A.
- Hence, companies should appoint them before the filing of this form.
- Preferably, such appointments must be made while company formation itself.
- A Managing Director or MD is required generally in a listed company or PSUs with total paid-up capital exceeding ₹10 crores.
#13. When to appoint a CS?
Importantly, the details of the company secretary are required in Form INC-22A.
- Hence, if a company requires a CS, it must appoint a CS before filing of this form.
- Generally, a CS is necessarily required in listed companies, PSUs with paid-up exceeding ₹10 crores. In private limited company, CS is required if paid up capital is more than ₹5 crores.
#14. When is a CFO required?
A Chief Financing Officer (CFO) has to be appointed in listed companies or in PSUs with paid-up capital above ₹10 crore. It is better to appoint one CFO before filing of this Form INC22A.
#15. What if annual compliance not done?
The Form INC22A can’t be filed if annual compliance or RoC filing is not done. It is important to provide details of RoC filing for FY 2017-18.
In case, the e-Form AOC-4 & MGT-7 for FY 2017-18 are not filed, it’s important to get them forms filed before filing form INC-22A.
If you want any guidance regarding e-form INC-22A 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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