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What is form INC-22A ?

MCA has introduced form INC-22A – ACTIVE(Active Company Tagging Identities and Verification) with effect from 25th February 2019 by inserting Rule 25 A to the Companies (Incorporation) Rules, 2014. Every company incorporated on or before 31st December 2017 and are under ‘Active’ status has to file this form on or before 25th April 2019. If the form is not filed within the due date then the MCA will charge late filing fees of Rs. 10,000/-. Further, the company will be marked as ‘ACTIVE non-complaint company’ and the DIN associated with such company will be marked as ‘Director of ACTIVE non-compliant company’.

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Consequences of non-filing of form INC-22A

1. Late filing fees

MCA will charge the late filing fees of Rs. 10,000/- from the companies filing form after the due date.

2. Restriction on change in Authorised Capital

A company which has not filed the form will not be able to file the form in relation to the change in authorised capital of the company. Hence a company will not be able to file form SH-7.

3. Restriction on change in Paid-up Capital

A company will not be allowed to change its paid-up capital unless the filing of the form INC-22 A. A company will not be able to file form PAS-3 for change in paid-up capital.

4. Restriction on change in directorship

A company cannot change the directorship except the cessation of director if the form is not filed within the due date.

5. Restriction on amalgamation, demerger & closure

A company will not be able to proceed for the amalgamation or demerger. A company will not be allowed to file form INC-28 with MCA. Further a company cannot apply for fast track exit or dissolution of company.

6. Restriction on change in registered office

Documents Required-

 COI

 Photograph of external building of the registered office

 Photograph of inside the office

 Latitude and longitude of the registered office

 Email id of the company

 SRN of the form for appointment of Auditor

 SRN of the form AOC-4 and MGT-7

 DSC of at least 2 directors will be required. Details of appointment of MD/CEO/Manager/WTD/Company Secretary/Cost Auditor (if applicable)