Form INC22A - Crackdown on shell companies

One more step towards crackdown of shell companies.

Form No. INC-22A "ACTIVE" Active Companies Tagging Identities and Verification

Important Points:

1. Applicable on all companies incorporated on or before 31st Dec 2017 - Not applicable on recently incorporated entities, reason could be MCA wants collect data for existence of registered office of companies

2. Company not able to change authorised, paid-up capital, directors, registered office, amalgamation, merger activities, in case of non-filing of form - Great move by MCA by not allowing subsequent changes required. This condition force companies to comply in large numbers 

3. Last date to file form without late fees Is 26th April, 2019, after this late fee of Rs. 10,000 applicable - Reasonable penal provision exist for non-compliance

4. Photograph showing external building and internal office of registered office with director who is signing this form - This requirement is the heart and sole of Form 22A, after having photographs with mandatory requirements of displaying company name and CIN  outside regd office of companies, MCA will investigate by visiting registered offices of companies to establish genuinity of photographs provided in Form 22A. If found fave penal action would follow.

5. If DIR-3KYC form not filed for any director then company is not able to file Form-22A - This force directors to comply for DIR3 KYC as again very intelligent move by MCA to force all directors to update their KYC

6. Details of current statutory auditor, cost auditor, company secretary and CFO, if applicable, is mandatory - This data will be matched with ADT-1 form filed for companies. Data must be inline in both the forms.

7. SRN of AOC-4 and MGT-7 for FY 2017-18 is mandatory for filing this form - This would force companies to go for annual filings, if not done yet.

8. Form is mandatorily required to be attested by CA/CS/CMA.- One more opportunity knocking for professionals.