Salient features of Active (Company KYC) form

As you are aware, the Ministry of Corporate Affairs, in its pursuit to improve Corporate Governance and Compliances on the part of the Company after the successful roll out of DIR-3 KYC for Directors/DIN holders, has introduced eform (INC-22A) christened ‘ACTIVE (Active Company lagging Identities and Verification) vide rule 25 A of the Companies (Incorporation) Rules, 2014 inserted vide notification dated 21st February 2019 which is effective from 25th February 2019 for Companies. Accordingly, all Companies which got incorporated on or before 31st Dec 7917 and are under ‘Active’ status as on the date of filing shall file the particulars for verification of registration and registered office, in e-Form ACTIVE-INC-22A on or before 25th April 2019.

Features of ‘ACTIVE (Active Company Tagging Identities and Verification)- INC-22A’-

Applicability : Active companies registered till 31.12.2017.

Fee : – No fee till, 24.04.2019, thereafter with Rs.10000/-

Requirement : e-form will pre-fill for Registered Office, Directors, KMP, Auditor and Annual filings, except for geo-coordinates, photograph of registered office and OTP verified email ID of company.

Consequences of Non-filing :

1. Company will be marked as Non KYC Compliant Company and will not be able to file: –

i. SH-07 (Change in Authorized Capital)

ii. PAS-03 (Change in Paid-up Capital) viii. | DIR-12 (Changes in Director) – except for caseation of non-compliant DIR-KYC or disqualified director

iii. INC-22 (Change in Registered Office) – except for change of address within the state

iv. INC-28 (Amalgamation, De-merger).

2. Directors : The Directors associated with any of company with “Non KYC Compliant Company” flag, will be indicated as “Director of Non KYC Compliant Company” against the DIN and cannot be appointed in any company.

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