Non-compliance with ACTIVe can lead to action under section 12(9) of the Companies Act.
According to a recent announcement by the MCA, all the companies incorporated on or before 31.12.2017 have to file their status in the e-form ACTIVe (Active Company Tagging Identities and Verification) .
This is to enable the common public to be aware of the KYC (Know Your Company) status of the companies and their directors.
The form has to be filled on or before 25th April 2019. The cost for filing of the form is nil up to the marked date. The filing after 25th April 2019 is accompanied by a fees of Rs. 10,000.
Any company which fails to file the ACTIVe form on or after 26th April 2019, will be marked as “ACTIVe non-compliant” and will be liable for action under section 12(9).
The companies marked as “ACTIVe non-compliant” shall not be able to change the following information unless the e-form ACTIVe is filed-
- 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)
- INC-28 (Amalgamation, de-merger)
The e-form ACTIVe shall be available on the website- http://www.mca.gov.in/ , in the Company Forms download page w.e.f 25th February 2019
Any company which has not filed its financial statements or annual returns or both shall not be allowed to fill the ACTIVe form, unless the company is facing some management dispute and the Registrar has recorded the same.
Also, Companies which have been struck off or are under process of striking off or under liquidation or amalgamated or dissolved, as recorded in the register, shall not be required to file e Form ACTIVE