MCA Upates: MCA requires Company to file eForm ACTIVE on or before 25th April, 2019

Ministry of Corporate Affairs (MCA) requires every Company which were incorporated on or before 31st December, 2017 to file eForm ACTIVE (Active Company Tagging Identities and Verification) on or before 25th April, 2019

A. Brief

MCA issued a Notification dated 21st February, 2019 for Companies (Incorporation) Amendment Rules, 2019 for inserting a new Rule 25A for filing of eForm ACTIVE. As per this new rule, every Company incorporated on or before 31st December, 2017 shall file the particulars of the Company and its Registered office, in eForm ACTIVE (Active Company Tagging Identities and Verification) on or before 25th April, 2019.

This notification shall be effective with effect from 25th February, 2019.

B. What details to be given while filing Form?

1. Email Id of the Company which will be verified by OTP.

2. Name and DIN of all Directors of the Company

3. Details of Statutory Auditor (Name, PAN, Membership No. / FRN and Period for which they are appointed)

4. Details of Cost Auditor, if applicable (Name, PAN, Membership No. / FRN and Period for which they are appointed)

5. Details of Form AOC-4 and MGT-7 filed for FY 2017-18 (SRN of both the Forms)

6. Photograph of Registered office showing External building

7. Photograph of internal office showing therein alteast One Director who will be affixing his/her DSC to this Form

C. Pre-requisites before filing this Form

1. Annual Returns (Form AOC-4 and MGT-7) should be filed (exception: Companies which are under Management Disputes as recorded with ROC)

2. DIN of all the Directors should be with Approved status and are neither "De-activated due to non-filing of DIR-3 KYC" nor "Disqualified u/s 164(2)"

D. Which companies do not require to file this Form?

1. All companies which are incorporated on or after 01st January, 2018

2. Companies which are striking off or under liquidation or amalgamated or dissolved, as recorded with ROC.

E. Fees for filing eForm ACTIVE

No Fees has been mentioned in the Notification.

F. Consequences of non-filing on or before 25th April, 2019

1. Company shall be marked as "ACTIVE non-compliant" on or after 26th April, 2019.

2. Company will be liable for action under Section 12(9) of Companies Act, 2013.

Section 12(9) of Companies Act, 2013 says that If the Registrar has reasonable cause to believe that the company is not carrying on any business or operations, he may cause a physical verification of the registered office of the company in such manner as may be prescribed and if any default is found to be made in complying with the requirements of sub-section (1), he may without prejudice to the provisions of sub-section (8), initiate action for the removal of the name of the company from the register of companies under Chapter XVIII.

G. Restriction on filing other forms

Those companies, whose status changes to "ACTIVE Non-compliant", won't be able to file following forms, unless they file eForm ACTIVE.
1. Form SH-7 (Change in Authorised Capital)

2. Form PAS-3 (Change in Paid-up Capital)

3. Form DIR-12 (Changes in Director except cessation)

4. Form INC-22 (Change in Registered Office)

5. Form INC-28 (for Amalgamation, de-merger)

H. Filing of eForm ACTIVE after 25th April, 2019

1. If Form is filed after 25th April, 2019, Form Fees of Rs 10,000 is to be paid

2. Status will be changed to "ACTIVE compliant"

The notification has also introduced new Form named eForm ACTIVE (INC-22A) which can be viewed in the notification.

Copy of Notification can be found below.