The process of ‘Active company tagging identities and verification’ enables Ministry of Corporate Affairs to identify Active Companies. It is a new concept introduced by the Ministry of Corporate Affairs on 21-02-2019 by notifying Companies (Incorporation) Amendment Rules, 2019. It is a process to map the Registered Office and verify the details of such companies through data points.
The Rule 25A of the Companies (Incorporation) Rules, 2014 says that every company Incorporated on or before the 31st December, 2017 shall file the particulars of the company and its registered office in e-form ACTIVE (Active Company Tagging Identities and Verification) on or before 25.04.2019.
The following are the mandatory requirements while filing E-form ACTIVE;
- Company is required to complete its filing of Financial Statements and Annual Return till 31st March, 2018
- Form INC-22A shall contain the photograph of its Registered Office and one Director(s)/ KMP who has affixed his/her Digital Signature to this form is mandatory
- Company should paint or affix its name, and the address of its registered office, and keep the same painted or affixed, on the outside of every office or place in which its business is carried on, in a conspicuous position in legible letters
- If Number of Directors is beyond the limit prescribed under Companies Act, 2013SRN of filing of Form MGT-14 is required to enter
- Details of Chief Financial Officer and Company Secretary is mandatory to fill if Company is falling under the criteria specified under Section 203 of Companies Act, 2013
The Section 203 of Companies Act, 2013 mentions that if the company falls under certain limit of turn over such companies to keep whole time key managerial personnel – managing director or chief executive officer, company Secretary and Chief financial officer.
The Companies which have been struck off, under process of Striking off or under Liquidation And Companies which has been dissolved or amalgamated are not required to file this form.
Further failure to file E-form ACTIVE within the stipulated date will result in
- Company will be marked as “ACTIVE NON-COMPLIANT”
- Company is require to pay fees of Rs.10,000 for filing INC-22
- Company will not be able to file any of following Forms as given below;
- 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)
These rules are important for CFOs and CFO Services groups in order to comply with Company Law.