Company Secretary & Compliance Officer
17858 Points
Joined November 2008
Ministry of Corporate Affairs has introduced a new disclosure in the form of E-form ACTIVE for all Companies incorporated on or before 31st December, 2017 wherein every Active company need to file this form providing its particulars, active email-id, details of directors, KMP, Auditors and registered office details on or before 25/04/2019.
Applicability: All active companies incorporated on or before 31st December, 2017.
Where the Company does not file form Active within the stipulated time, the Company shall be marked as Active- Non Compliant w.e.f. 26/04/2019 and shall be liable for actions under section 12(9) and filing of forms in case of change in directors, capital and registered office and liquidation shall be restricted from such companies.
Where any Company files form ACTIVE after 25/04/2019, the status shall be restored as Active Compliant but a fee of Rs. 10000/- shall be charged.
Photograph of the Registered office need to be attached with the form showing the image of the building from outside and inside with any Director / KMP with the building who has affixed his digital signatures with the form.
This form need to be signed by any two directors or 1 director and 1 KMP and certified by the practicing professional.
Following companies are restricted to file this form :
1 Companies which have not filed its Financial Statements under section 137 or due Annual Return under section 92 or both with the registrar of companies unless such companies are under management dispute and the registrar has recorded the same in its records;
2. Companies which have been stuck off or under the process of being strike off or under liquidation or amalgamated or dissolved.
Important points to Consider:
- Not applicable on the Companies incorporated w.e.f. 01/01/2018.
- If this form is not filed , and filing of forms in case of change in directors, capital and registered office and liquidation shall be restricted from such companies.
- Last date of filing this form is 26/04/2019 thereafter filing fee of Rs. 10000 would be charged along with other penal provisions and implications.
- The attachment is the crux of this form, here the Company has to attach a photograph of the building of the Company wherein the Name including the requirements of Section 12 should be presented.
- Also the SRN of forms filed for Annual Filing would also force companies to complete their Annual Filing.
- Also one more opportunity in serious nature for the professionals to certify the contents of this form.