Welcome to a detailed article explaining most of the aspects of MCA’s INC-22A Form for identifying ACTIVE Companies.
The deadline for fulfillment of INC-22A form is near and companies are pacing themselves to prepare and register this form to keep their companies in compliance with the MCA’s new requirement.
If you are yet to file this form or maybe even have no idea what INC-22A is all about, then you’re in the right place.
We will guide you through the basics and the requirements of filing this compliance along with the downfalls of not complying with it.
We will also let you know about the virtual office services we offer at InstaSpaces to get your INC-22A ACTIVE Tagging compliance fulfilled smoothly.
Read below and if you have some doubts or clarifications, feel free to leave them in the comments or customer query section. We will try to address every concern by replying to them.
What is the INC-22A and why is it just so Important??
The INC-22A is a form sent out in compliance by the ministry of corporate and affairs (MCA). This form requires each and every business to tag themselves as an active business by filing certain documents and details about their current business.
It follows an ACTIVE tagging process known as applicable tagging identities and verification to get the names of currently functioning companies and businesses.
It is really important to get your business filed according to the form including all the required details and photos.
This was put into effect to rid the inactive and shell business that was registered on or before 31st December 2017.
Is INC-22A really that Important??
The ministry of corporate and affairs initially set the due date for the fulfillment on 25th of April,2019. But due to the lack of proper operation of laws and structure with several businesses, most failed to fill up these forms.
Hence, MCA shifted the dates to the 15th June 2019 proving the necessity of this form.
Therefore it is very important to put yourselves into compliance and avoid the consequences of the penalties that occur from non-compliance.
Does every Company (small or big), Require to Comply by Form INC-22A?
Of course, you would require the fulfillment of INC-22A to conduct your business affairs without any restrictions or problems by the MCA (Ministry of corporate and affairs).
But do keep one thing in mind, this is required only by companies started or registered on or before 31st December 2017.
So if your company was registered after that date, you needn’t bother much about the INC-22A fulfillment.
What are the Eligibilities of Businesses/Companies to get the ACTIVE Tagging done through MCA’s INC-22A Form?
All the businesses or companies Under Companies (Incorporation) Amendment Rules, 2019 MCA notifies that every company incorporated on or before 31st December 2017 are required to file the particulars of the company and Registered office in INC 22A i.e. ACTIVE FORM.
The General Applicability of Organizations
This is highly Applicable To The All Company whether Public, Private, Listed Small, Nidhi, OPC Companies But this Excludes LLP and Branch Offices.
What are the other Reasons that Exempt my Business out of this form INC-22A??
There are a total of six reasons for your company to be exempted from filling this form and they are pretty simple.
So your organization does not require it,
- It is a registered business on or after 01.01.2018
- It is under the process of strike off
- It is under the process of amalgamation
- It has already been struck off from the register
- It is under the process of liquidation
- It has already been liquidated.
There are certain downfalls to not getting ACTIVE tag to your business.
Penalties of not Getting Active tag to your Business.
- The first penalty is: No government fees for the form till 25th April 2019 but after the due date the same to be filled with a penalty of Rs. 10,000.
- The second penalty is
- The status of the company will be Non –Complaint as a consequence of not filling of INC 22A(ACTIVE FORM).
- Also, the company would not be able to file the following in the requisite to Non -filling:
- SH-7 (For a change in authorized capital)
- PAS 3(For a change in paid-up capital )
- DIR 12(for change in Director except for Cessation)
- INC22 (for change in Registered office)
- INC 28 (for Amalgamation/Merger)
Are there any Requirements for INC-22A apart from filling the form with Company Credentials?
There are a lot of details and necessary add-ons that need to be submitted to MCA for fulfilling and verifying your INC-22A.
The list is comparatively small and easy to complete. Here go the various documents needed per se
- The CIN( certificate of incorporation) of the company
- Address of the registered office of the company
- Location( both latitude and longitude) of the registered office of the company
- Registered email-id and mobile number for verification
- The number of directors, auditors, cost auditors, and their details.
- Details of CEO, CFO or a key managerial person of the organization.
- Details of CS, CA or certifying authority
- Details of AOG-4 and MGT-7 for the financial year of 2017-2018
And the fulfillment also requires these two photographs
- One of the exterior of the company with a name board along with one of the directors before it.
- One in the interior of the company with just the director (for example the director sitting in the meeting room/cabin).
What can I do if I don’t own an office space Currently which will allow me to Perform this Compliance in their Premises
The solution for this is availing a virtual office plan for company registration from InstaSpaces.
You can either rent out office space with the help of a local commercial real estate broker and pay deposits and huge monthly rental for the same.
Or you can avail a virtual office plan for company registration from InstaSpaces, at nominal monthly charges (starting INR 1000/month)
These virtual office plans, offer you a premium address of a professional business center or coworking space, along with all the documents required by ROC (Registrar of companies) for submitting them as proof of permission to allow using that address for your company registration.
How can InstaSpaces help me out?
InstaSpaces is the pioneer in providing virtual office address for government registrations through the country (in all 29 states).
They offer professional office addresses in business centers and coworking spaces at fraction of a cost, which you would end up paying for renting the smallest of offices.
With virtual office address, in addition to courier handling, the following documents are provided to allow your company to register at that address:
They do not stop here, but also make the registration process smooth and easy by enabling the following documents.
Documents and services Provided by InstaSpaces when you rent Virtual Office space for Business Registration.
- NOC (No Objection Certificate from the Property Owner for Registration).
- 12-Month Rental Agreement (on Stamp Paper).
- Utility Bill (for proof of ownership.
- Entire Documentation is completed within 3 working days.
Also, since these are professional business centers, you can always book meeting rooms and conference rooms in these spaces conveniently on an hourly payment basis (as and when required).
Further, they understand your requirements for verifications and any new compliances which might arise from MCA, for you to get a complete and stressfree solution.
How do InstaSpaces provide for INC-22A compliance?
Once you rent out a virtual office space for business registration by InstaSpaces, they allow you to conduct the following affairs to get you business INC-22A compliant.
- They allow you to use the longitudinal and latitudinal coordinates of the building the virtual office address is located in to add in your form.
- They help you put up a temporary signboard or setup stating the name of your company outside the building of your virtual office. You can use this to take a photo with the director of the organization.
- They finally provide you with clean and a professional looking interior set up to capture a photo with one of the directors of your organization as proof for the interior and office.
On top of these, you will be provided with the legal documents for registration (NOC, Rent Agreement and Electricity Bill) along with courier receiving facility.
Will they Provide the Signboard for Displaying in the Exterior of the Building?
If you want to carry your signboard then that’s fine otherwise Instaspaces will take a printout of your company on A4 size sheet. So, that you can use that also to take pictures outside of your office carrying that.
But be sure the signboard contains the following details without fail
- Company’s Full Name
- CIN Number of the company
- The registered office address of the business
- Email-id of the company
All these can be done and offered under at a very minimal rate of virtual office spaces.
If you want permanent signage, that can also be arranged at additional charges.
So we hope you found this article helpful and if you do have any sort of doubts.
Leave them in the comments or inquire about them to our online instabuddies.
We hope you fill in your form early and avoid paying the consequences of not complying with the consequences.