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KYC of Company - Active (INC-22A)

KYC of Company - Active (INC-22A)

  • Overview
  • Documents Required / Details of the product
  • Process
The Ministry of Corporate Affairs, through its notification dated 21st February 2019 has made amendments in The Companies (Incorporation) Rules, 2014 which shall be effective from 25th February 2019. Through this amendment, the MCA has introduced a new rule “25A” and also introduced a new form “Form No. INC-22A” and titled it as Active Company Tagging Identities and Verification” The amendment as explained above require every company registered on or before 31st December 2017 to file the eform which apart from other details also require photographs of the registered office of the company to be attached as annexure. The eform shall be digitally signed and to be further certified by a practicing professional in whole-time practice as CA, CS, or CMA.

Frequently Asked Questions

The new rule 25A is applicable to all the companies which have been incorporated on or before 31st December, 2017. Following are the categories of companies which have been kept out of the requirement of filing Active Form No INC-22A.

  • Struck Off Companies
  • Under Process of Striking off by the ROC or NCLT
  • Companies which are under Amalgamation
  • Companies for which Liquidation Proceeding has begun

The due date of filing the Form INC-22A is 25th April 2019, for all companies incorporated on or before 31st December 2017.

There is no government fee / ROC Fee if the form is filed within its due date. However in case the company misses the date of 25th April, 2019. Then the same can still be filed with an Additional ROC Fee of Rs. 10,000 only.

With the form INC-22A, a company is required to upload two photograph of the registered address of the company.

  • External View Photo of the premises where the registered address of the company is situated. Care must be taken to cover the name plate / display board of the company in the image otherwise it shall be violative of section 12 of the companies act, 2013
  • Internal View Photo of the registered office of the company is required to be taken from within the office in such a manner so that at-least one director/kmp, who have signed the Active Form INC-22A is covered in the image

The Active Company Tagging Identities and Verification is new requirement by the MCA, which has come into existence after the notification of the Companies (Incorporation) Amendment Rules, 2019 on 21st February 2019. According to it every company has to file a declaration and information in form No INC-22A by 25th April 2019 if it has been incorporated on or before 31st december 2017.

  • In case of OPC: If the company is an One Person Company then the form INC-22A shall be signed by only one director of such OPC
  • Other Than OPC: The form INC-22A shall be signed by two director of the company. Hence for filing Form INC-22A DSC of at-least two directors shall be required.
  • In all cases the Form INC-22A shall be certified by a practicing professional.

The consequences on not filing the form shall be very restrictive and unless the Form INC-22A is filed the company apart from being marked as “Active - Non-Compliant” shall not be able to file any of the below forms if need arises.

  • Change of Authorised Capital (SH-7)
  • Change in paid up Capital (PAS-03)
  • Changes in Director except cessation (DIR-12)
  • Change in Registered Office (INC-22)
  • Amalgamation or demerger (INC-28)

The due date of filing the form INC-22A is notified to be 25th April 2019, in case a company does not file the required Active Form within its due date the company shall be marked as “Active - Non Compliant” in the MCA Master data and such a company shall not be able to do any transaction. However the defect of non filing of Form INC-22A can be cured by filing the form after its due date with an additional government fee of Rs. 10,000/-

What information need to be furnished to ROC in Form 22A

  1. Photo of Registered Address

    Well, the form INC-22A requires only one attachment, that is the photograph of the premises where the registered office of the company is situated. One photo must be taken from outside the premises whereas another photo shall be taken from inside the office.

  2. Company Mobile and Email ID

    A Company shall have to provide one official mobile number and email id of the company, which shall be further verified by way of an OTP confirmation. In case you have multiple companies then you need to provide different mobile and email addresses in Form INC-22A.

  3. Directors Details

    The company has to file details of all the directors of the company. However, in case there is any director which is disqualified or for any reason, the DIN of any director is deactivated, then Form INC-22A cannot be filed.

  4. Auditors Details

    The company has to furnish complete details of auditor/auditors in case of more than one auditor of the company. Apart from the basic details of the auditor, the period of accounts for which appointed is important to disclose in Form INC-22A.

  5. Cost Auditor/ Company Secretary

    In case the company is required to appoint a cost auditor or a company secretary as may be applicable, the details of such a cost auditor or the company secretary need to be filed in the Active Form INC-22A. In the case of a cost auditor, the period for which the appointment is made needs to be disclosed.

  6. CEO / CFO / MD Details

    Finally, the details of the Managing Director (MD) or Chief Executive Officer (CEO) or Manager or Whole-time Director of the company is submitted for all such persons. The name, designation and Din number shall be filed in the Form INC-22A. In case of a person not having DIN, the PAN Number shall be intimated.

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KYC of Company - Active (INC-22A) Registration

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Why choose Company registration in INDIA ?

  • Shields from personal liability and protects from other risks and losses.

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  • Greater capital contribution leading to greater stability of business

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