Active e-form (INC - 22A) at MCA
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
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.
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.
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.
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.
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.
- 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;
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, 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.
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.
No, dormant companies are not required to file form INC-22A.