INC 22A is a newly introduced e-form by Ministry of Corporate Affairs for those companies, who have incorporated on or before 31st December, 2017 means if your company get registered on 1st January, 2018 you do not need update your companies ACTIVE status. The intention of MCA behind this compliance is to identify the shell companies. This is another big initiative taken by governments to detect the companies which are not performing any business activity.
Which companies are barred from filing: –
As per Rule 25A of the Companies (Incorporation) Rules, 2017, all companies need to file e Form INC 22A except followings: –
- Struck off Companies
- Companies under the process of Strike off
- Companies under amalgamation
- Companies Dissolved
Consequences for not filing:-
In previous notification Ministry was specified last date for submission upto 25th of April, 2019 but now MCA extended due date for filling of e Form INC 22A from 25.04.2019 to 15.06.2019. If a company files Form INC-22A or ACTIVE after 15th June 2019, a penalty of Rs. 10,000 would be charged and shall not be able to do changes in authorised share capital, changes in paid up share capital, Changes in director, changes in registered office etc.
However MCA did not charging any fees for filing Form INC 22A but it shall be pre certified by professionals (practising CS/CA/CWA).
Specific points to be kept in mind before filing:-
- Latitude and Longitude of the registered office.
- Annual compliances of company shall be up to date.
- Companies having paid up share capital of Rs. 5cr or more must have company secretary on board before filling.
- Directors must have filed DIR 3 KYC.
- Official email id of company shall be mentioned in form so that an OTP can generate.
- Photograph of registered office showing external building and inside office also showing therein at least one director/KMP who has affixed his/her digital signature to the e-form.
- The name of company shall be displayed outside the registered office whether painted, affix or otherwise in English, Hindi or in regional language as required.
- If company have GSTN, also should be displayed outside the premise.