MCA Active Form 21

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CS KRITIKA TANEJA IN COLLABORATION WITH CS SHUBHAM BUDHIRAJA

SHUBHAM BUDHIRAJA
MOBILE-9654055315
CSSHUBHAMBUDIRAJA1994@GMAIL.COM
This is to inform you that  MCA vide its Notification dated 21st February, 2019, has introduced the form INC-22 A (Active Form) i.e ACTIVE COMPANY TAGGING IDENTITIES  AND VERIFICATION):

This form is to be filed by EVERY company incorporated on  or before  31st December, 2017, under which company has to file its own particulars and  details of its Registered Office. The due date for filing ACTIVE FORM is 25th April, 2019 (25/04/2019) falling  which will attract Penalty of Rs.10,000 on the company.

Further, if company fails to file this particular form within the prescribed time, below are the consequences that company has to face:
1.  The Company would be barred from filing other forms (SH-7, DIR-12, INC-22, INC-28 and PAS-3) on MCA Portal .

2.  The major consequence that the company will have to face is that its status will turn into "ACTIVE NON-COMPLIANT" company on MCA portal. 

3. Even the Director of such Non-compliant companies shall be marked as "Director of Non-Compliant Company". (For eg. if a person is director in 4 companies and among which one of the company do not file this Active Form INC-22A, that Director shall be marked as "Director of Non-Complaint Company").

In nutshell,  this  is a mandatory compliance that every company has to do on or before due date.

Please note-

1. Companies which have not filed its due financial statements or Annual Returns are barred from filing this form until they file their due Financial Statement (FormAOC-4) and Annual Return (Form MGT-7).

2. Companies in which any of the director is disqualified due to non filing of Form DIR-3 KYC (KYC of Director) or disqualified under section 164(2) of the Companies Act, 2013 that company are also restricted to file this ACTIVE Form until that company do not seek to their respective disqualified directors to file their KYC form or remove their disqualification (In brief, before complying this mandatory requirement, Status of Every Director in the Company should be "APPROVED").

3. Companies whose paid-up share capital is more than Rs. 5 crore and has not appointed Company Secretary (As per Rule-8A of Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014) are also barred from filing this form until they appoint a Company Secretary and file respective form with MCA.

4. Appointment of Key Managerial Personnel (KMP) is mandatory in the Company if their paid up capital is more than Rs. 10 crore and Companies which are in continuation of Non Compliance (not appointed KMP as per the mandatory requirement) shall be barred to file ACTIVE form.
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Note: Exemptions has been provided to the below mentioned companies ONLY:

1. Companies which are in the process of strike off
2.  Companies which have been struck off.
3. Companies which are under liquidation.
4. Companies which have been dissolved or amalgamated.
5. Companies which are under Management dispute and ROC has recorded the same in its record, are exempted from filing the said form.  

Apart from the above mentioned companies, EVERY Company has to file ACTIVE form.

We need the following information for filing the Active form:

1. Photograph of Registered Office showing external building and inside office also showing therein at least one director/ KMP, whose sign is going to affix to this form.
2. Email Id of the Company Only, Not the email id of the Director or Professional
3. Details of Cost Auditor, if any
4. Longitude and Latitude
5. Details of one director and one KMP or two directors who is going to affix his signature in form.

Points to be remembered while providing the information:

1. Total 2 Photos shall be taken :

a) One External Building Photo where the Registered Office Address is painted or affixed showing with one of the director (who is going to affix his DSC).

b) One Inside Building photo, showing with one of the director (who is going to affix his DSC).

2. Email Id of the Company shall be mentioned, avoid the Email address of Director of the Company.

3. Where the Registered Office Address is painted or affixed, it should be complete in all respect i.e (Company name, Address of Registered Office, Contact No.etc. as prescribed under Section 12 of the Companies Act, 2013 read with rules thereuunder.


Please feel free to call for any query related to this.

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