Detail analysis of Rule 25A - Active company tagging identities and verification (ACTIVE)

(1) PROVISIONS: RULE 25A OF COMPANIES INCORPORATION (AMENDMENT) RULES, 2019

(2) FORM: FORM INC-22A - ACTIVE (Active Company Tagging Identities and Verification)

(3) DUE DATE OF FILING: ON OR BEFORE 25.04.2019

(4) APPLICABILITY: FOLLOWING COMPANIES ARE REQUIRED TO FILE E-FORM ACTIVE:

1. Company is incorporated on or before 31.12.2017
2. Provided the Company mentioned above has make all filings under Section 137 and 92.
3. Further, if filing under section 137 and 92 is not made due to Management dispute and Such Dispute is reported to Registrar of Companies.

In short every company who is incorporated on or before 31.12.2017 has neither made filing under section 137 and 92 nor reported management dispute to registrar, is restricted from filing e-form active, which means companies need to complete its filing first then will be able to file e form active and such need to be done before due date unless it will attract the provisions as mentioned in point 6 & 7 of this write up. 

(5) EXEMPTED COMPANIES:

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

1. Every Company incorporated on or after 01.01.2018
2. Any Company which have been struck off or under the process of Striking Off or under Liquidation or Amalgamated or Dissolved, as recorded in the register of Registrar.

(6) CONSEQUENCES OF NON FILING OF e-FORM ACTIVE TILL 25.04.2019: 

1. Company shall be marked as "ACTIVE-non-compliant" on or after 26.04.2019
2. The Registrar may cause a physical verification of the registered office of the company in such manner as may be prescribed and if any default is found to be made in complying with the requirements of section 12(1), he may without prejudice to the provisions of section 12(8), initiate action for the removal of the name of the company from the register of companies under Chapter XVIII.
3. Unable to file following Forms for mentioned reasons only:
   • SH-7 (Change in Authorised Capital)
   • PAS-3 (Return of Allotment of Securities)
   • DIR-12 ( Changes in Director except Cessation)
   • INC-22 (Change in Registered Office)
   • INC-28 (For Amalgamation and Demerger only)  

(7) REMOVAL OF NON-COMPLIANCE:

The Company shall be marked "Active" If Company had filed "e-Form ACTIVE" on or after 26.04.2019 with payment of Rs. 10000/-

(8) PRE-REQUISITES FOR FILING e-FORM ACTIVE:

Before Filing e-Form ACTIVE:

Before filing e-Form ACTIVE, DIN of all Directors shall be in approved Status i.e. Neither deactivated due to non-filing of Form DIR-3 KYC, Nor disqualified due to non compliance of Section 164 (2).

(9) MANDATORY ATTACHMENT OF e-FORM ACTIVE:

Photo of the Registered Office showing external Building and inside Office also and also showing therein atleast one Director(s)/KMP who has affixed his/her Digital Signature to this Form is mandatory) .

(10) INFORMATION TO BE FILLED IN e-FORM ACTIVE:

• Address of Registered Office of the Company.
• EMAIL-ID of the Company for OTP
• List of Directors
• Details of Statutory Auditors.
• Detail of Cost Auditor (If any)
• Detail of CEO/MD/WTD
• Detail of Company Secretary
• Detail of CFO
• SRN of Form AOC-4/AOC-4 XBRL and MGT-7 for FY 2017-18.

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