Download APP
Active e-form (INC - 22A) at MCA
P K Gupta
Dec 23, 2019
1752
0
1 What is the applicability of ACTIVE eform at MCA?
2 What are the restrictions on filing the ACTIVE at MCA?
3 A Company which is under Management Dispute is required to file e-form ACTIVE at MCA?
4 What is the fee for filing ACTIVE eform at MCA?
5 What will happen if the company does not file ACTIVE eform at MCA?
6 All the details in ACTIVE eform at MCA are prefilled, we update any detail in this?
8 what is the concept of Email & OTP Verification for Validation of ACTIVE eform at MCA?
9 What are the documents which are required as mandatory attachments of ACTIVE eform at MCA / ROC?
11 Who shall digitally sign the ACTIVE?
16 Whether the dormant companies are required to file form INC-22A?
Every Company incorporated on or before the 31st December, 2017 shall file the particulars of the Company and its registered office, in ACTIVE eform (which is actually form INC -22A, popularly known as ACTIVE) on or before 25.04.2019. Following companies are exempted for filing eForm ACTIVE:
(a)Companies which are already struck off
(b)Companies are in the process of striking off
(c)Companies which are in the process of liquidation
(d)Companies which are amalgamated or dissolved
2 What are the restrictions on filing the ACTIVE at MCA?
Any company which has not filed
(i) financial statements under section 137 or
(ii) annual returns under section 92 or
(iii) both(i) and (ii)
with the registrar shall be restricted for filling ACTIVE, unless such company is under management dispute and the registrar has recorded the same on register.
A Company which is under management dispute and the same has been informed and registered by the jurisdictional ROC, filing of ACTIVE is permitted and required to file ACTIVE eform even if the financial statement and Annual Return is not filed with MCA.
4 What is the fee for filing ACTIVE eform at MCA?
There is no any fee payable by the company for filing ACTIVE on or before the due date (as per notification). But Forms filed after the mentioned due date shall be allowed to be filed along with a fee of Rs. 10,000 only.
5 What will happen if the company does not file ACTIVE eform at MCA?
In case ACTIVE eform is not filed, the compliance status for such companies shall be marked as ‘ACTIVE Non-compliant’ and also liable for action under section 12(9) of the Act and such Companies shall not be eligible to file the following forms:
• SH-07 (Change in Authorized Capital)
• PAS-03 (Change in Paid-up Capital)
• DIR-12 (Changes in Director except for cessation)
• INC-22 (Change in Registered Office)
• INC-28 (Amalgamation, de-merger)
6 All the details in ACTIVE eform at MCA are prefilled, we update any detail in this?
All the details of a company, as available in the MCA database are prefilled in
ACTIVE eform. Only Email ID and registered office details of the company can be edited while filing the form.
No.
8 what is the concept of Email & OTP Verification for Validation of ACTIVE eform at MCA?
Email ID of the company that is pre-filled or entered by the user is required to be verified by OTP. Send OTP button remains disabled till successful Pre-scrutiny of the form.
Send OTP button gets enabled only after successful Pre-scrutiny of the form.
After successful pre-scrutiny, the form must be saved.
After saving the form, the ‘Send OTP’ button gets enabled.
OTP verification is a mandatory requirement for successful filing of the form ACTIVE.
9 What are the documents which are required as mandatory attachments of ACTIVE eform at MCA / ROC?
It is mandatory to attach the two photograph of registered office of the company
One photograph, showing external building
Second photograph, inside office photo showing therein at least one director/KMP who has affixed his/her digital signature to this form.
No. The details of all the directors associated with the company is pre-filled in ACTIVE along with the respective DIN status. However, in case any of the DINs is pre-filled with status other than ‘Approved’, filing of ACTIVE shall not be allowed.
11 Who shall digitally sign the ACTIVE?
- In case of One Person Company(OPC) - One Director;
- In case of Company other than One Person Company - Two Directors or One Director and KMP;
And
ii) For all companies – A Practising Professional.
In case the order for approval of shifting the registered office from one state to another is still pending, ACTIVE eform at MCA may be filed with the existing address that is available in MCA database.
Yes.
Yes, In case the number of directors fall below the minimum requirement, the company has to comply the applicable provisions by appointing the minimum number of directors first and then file ACTIVE.
15 Whether all the directors of a company must file DIR-3 KYC before filing ACTIVE eform at MCA / ROC?
Yes. ACTIVE can only be filed by a company if all its directors’ DIN status is ‘Approved’.
In case form DIR-3 KYC is not filed by any of the directors of a company, the DIN status of such director is marked as ‘Deactivated due to non-filing of form DR-3 KYC’. Further, So Can not file ACTIVE eform at MCA / ROC.
16 Whether the dormant companies are required to file form INC-22A?
No, dormant companies are not required to file form INC-22A.
