MCA DETECTING SHELL COMPANIES: ANOTHER MANDATE FOR COMPANIES IN INDIA

MCA DETECTING SHELL COMPANIES: ANOTHER MANDATE FOR COMPANIES IN INDIA

MCA has introduced e- Form ACTIVE (Form INC 22A ) seeking particulars of every company that is incorporated on or before the 31st December 2017 including location photo of Registered Office. This form is to be filed on or before 25th April 2019.

Consequences of Non-Compliance

  • Companies who do not intimate these said particulars to the Registrar will be marked as “ACTlVE-non-compliant” on or after 26th April 2019 and will be liable for action.
  • The registrar shall not accept the forms
    • SH-07 (change in authorized capital),
    • PAS-03 (change in paid-up capital),
    • DIR-12 (changes in director except cessation),
    • INC-22 (change in registered office), and
    • INC-28 (amalgamation, de-merger)

filed by the “ACTlVE-non-compliant” companies, unless the default is made good.

Companies restricted from the filing:

  • Any company that has not filed its due Financials Statements or due Annual Returns or both with the Registrar shall be barred from filing e-Form ACTIVE.

Exception:

Following Companies shall not be required to file this e-form:

  • Struck off companies
  • Companies under the process of striking off
  • Companies under liquidation
  • Amalgamated or Dissolved companies
  • Dissolved Companies

Penalty on late filing:

Companies that file e-Form ACTIVE on or after 26th April 2019 with a late payment fee of Rs 10,000 (Ten Thousand Rupees), these companies shall be marked  “ACTIVE Compliant” by Registrar.

Information required to be furnished in e-Form ACTIVE

  • Name & Address of the company with latitude & Longitude
  • Email ID of the Company – OTP verification shall be done
  • Details of Auditor
    • Category,
    • Name,
    • PAN,
    • Membership No.of Auditor or Firm Registration No.
  • Details of Cost Accountant, if applicable – same as Auditor
  • SRN of Form AOC -4/AOC XBRL & MGT – 7 of FY 2017 – 18
  • Attachment: Photo of Registered office (external building & inside office) showing therein at least one Director(s)/ KMP who has affixed his DSC to the Form

Other requirements

  • The Form is required to be signed by 1 Director in case of OPC and 1 Director & 1 KMP or Directors in case of other Companies, along with certification by practicing professional.
  • The DIN status of Directors of Companies must be approved before the filing of this form.

 

 

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