Is your company ACTIVE, report it by 25.04.2019

In a series of steps taken by Government to curb shell companies, Government has made it mandatory for companies (companies formed on or before 31.12.2017) to file various return in e-Form ACTIVE (INC-22A) (Active Company Tagging Identities and Verification), listed as under:

  • Email I’d  (OTP based verification)
  • Photograph of registered office showing external building & inside office also showing therein atleast 1 director/KMP who has affixed his DSC
  • Latitude & longitude
  • List of directors with name & approved DIN
  • Details of Auditor, cost auditor, MD, CEO, CFO or WTD of co
  • Company Secretary of co
  • Details of AOC4 & MGT7 filed for 2017-18 with SRN

Before filing this form, the company must complete annual filings till 31.03.2018. The form is not applicable to Companies under Struck off, under the process of striking off,  under the process of liquidation, amalgamated, dissolved companies as recorded in ROC records.

Last Date of filing form – 25.04.2019

Consequences of non filing:

  • Fee of 10,000/- if filed after 25/04/2019.
  • Marking of status of Company as “Active – Non Compliant” in MCA Master Data.
  • Filing of following eforms will be barred: –
    • SH-7 (Alteration in share capital)
    • PAS-3 (Return of allotment)
    • DIR-12 (Director change except cessation)
    • INC-22 (change of address)
    • INC-28 (for amalgamation /demerger)

Weblink of Rules: –

http://www.mca.gov.in/Ministry/pdf/CompaniesIncorporationAmendmentRules_21022019.pdf

http://www.mca.gov.in/Ministry/pdf/CompaniesRegnOfficesFeesRules21022019.pdf

Form MSME – 1 filing, applicable to all companies ?

Applicable to whom:

All companies who get supplies of goods and services from the micro and small enterprises and payment to such vendors exceed 45 days.

What to file:

Need to file a one time return in Form MSME – 1 by 21st Feb 2019 followed by half yearly returns

What to report in Form:

Need to give the details of such identified vendors, amount of payment outstanding exceeding 45 days, reason of delay in payment

Consequences of wrong or delay or non-filing:

Penalty on company Rs 25,000

Every officer in default – Minimum fine Rs. 25,000 which may extend to Rs. 300,000 or Imprisonment which may extended to 6 months or both

Latest update dated 21.02.2019:

MCA General Circular 1/2019, Extension for last date of filing initial return in MSME Form I. The period of 30 days for filing initial return in MSME Form I shall start from the date the said e-form is deployed on MCA 21 portal. Form is still to be released.