MCA (Ministry of Corporate Affairs) has been working on various steps to identify businesses which are registered under the Companies Act but are not actively involved in business activities.
The action was taken by the authorities to delete the names of thousands of such Companies from the registration records for not carrying out any business activities, which also resulted in their director’s disqualification. The present move of Active Tagging Of Companies with Geo-tagging are all aimed at tracking the shell (fraud) companies and cracking them down thereby tightening their grip on the ecosystem and thus, reducing frauds and illegal operations.
The requirement for filing e-Form ACTIVE:
(MCA) Ministry of Corporate Affairs has informed all companies to undertake Active Company Tagging Identities and Verification (ACTIVE) through a new e-form — INC-22A.
Applicability of INC-22A:
Any Company started on or before 31st December 2017 is mandatory to file all the particulars of the Company, its registered office and other details in form INC-22A on or before 25th April 2019 except,
- Companies who are struck off or under the process of Striking Off.
- Under liquidation or amalgamated or dissolved.
Conditions for filing e-form INC-22A:
- The company should have completed its yearly Fillings (Form AOC-4 and MGT-7) until FY 2017-18;
- Companies with a paid-up capital of Rs. 5 Crore or more must have a Company Secretary (CS) on Board before filing INC- 22A.
- The status of the DIN allotted to the directors of the company should be active i.e., directors should have filed their DIR-3 KYC.
Penalties of non-compliance:
- Late fee charges of Rs.10000/- will be levied if the form is filed after 25th April 2019.
- Status change “ACTIVE non -Compliant”.
- If the registrar has reason to believe in physical validation that the company is not carrying on any business, it may remove the name of the company from the register.
- The Company will not be able to undertake the below mentioned event-based filings:
- SH-7 (Increase in authorized share capital),
- PAS-3 (Allotment of securities),
- INC-22 (Change of registered office),
- DIR-12 (Appointment and change in designation of Directors/KMP. Cessation will be allowed)
- INC-28 (Notice of the order of the court or any other competent authority)
Information required for Filing INC-22A :
- Official email id of the company as the OTP (One -time password) will be sent on email id provided.
- Latitude and Longitude of the registered office of the Company;
- Details of the Statutory Auditor, Director, KMP, Cost Auditors of the Company;
- SRN of Annual Filing form (Form AOC-4 and MGT-7) for F.Y. 2017-2018.
- Photograph of the registered office showing outside building and inside office also showing therein at least One director/KMP who has affixed his/her digital signature to the e-form.
As per Section- 12 of Companies Act, 2013, name of the company and the address of registered office shall be painted or affixed outside the registered office of the company in English and in a local language in a conspicuous manner in legible characters.
Also, the GSTIN should be displayed outside the office of the company.
How can Virtual office help you with your MCA ACTIVE Company tagging/ MCA 22-A fulfillment?
InstaSpaces provides virtual offices at professional co-working spaces and business centers. Therefore a proper physical office is provided for complying to the MCA (Ministry of Corporate Affairs) Active Companies Tagging / INC 22A Form.
At these offices, you will be allowed to take the pictures as per MCA (Ministry of Corporate Affairs)compliance of the exterior (with company signage) and interior (in a professional meeting room with Director in it). You can also capture the exact Geo-coordinate or Lat/Long of the location for compliance INC-Form 22A purpose.
Contents of the Signboard of the company for MCA Active
- Form Compliance
- Name of the Company
- CIN Number
- Registered Office Address
- Email ID (as per MCA -Ministry of Corporate Affairs)
Therefore with this service, you can complete all your formalities and compliance’s required as per MCA (Ministry of Corporate Affairs) instantly. Further, you don’t need to fill the form at the office location only, you can click the images once, and then you or your chartered accountant can upload them at their own convenience before 25th April 2019, from anywhere.
For more detailed information contact us 24/7 — +91 8882702020.
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