File INC-22A

Tag your company’s status as ACTIVE by filing form INC- 22A with MCA

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What is form INC- 22A?

The MCA introduced the new form INC-22A – ACTIVE (Active Company Tagging Identities and Verification), effective 25th February 2019, by inserting Rule 25A into the Companies (Incorporation) Rules, 2014.

This form is mandatory for every company incorporated on or before 31st December 2017 and categorized under ‘Active’ status. The form had to be filed by the company on or before 25th April 2019.

Failure to file the form within the prescribed due date results in a late filing fee of ₹10,000. Additionally, if the form is not submitted, the company will be marked as an ‘ACTIVE non-compliant company’. In such cases, the DIN (Director Identification Number) associated with the company will be marked as ‘Director of ACTIVE non-compliant company’, which could affect the director’s status and their ability to hold directorship in other companies.

Consequences of non-filing of form INC-22A

Late filing fees

If the INC-22A – ACTIVE form is not filed within the due date, the company will be marked as an ‘ACTIVE non-compliant company’. The MCA will impose a late filing fee of ₹10,000 on companies that submit the form after the due date. This penalty applies to any company that fails to comply with the filing requirement within the specified timeframe, and it could have implications for the company’s legal standing.

Restriction on change in Authorised Capital

A company that has failed to file the INC-22A – ACTIVE form will be restricted from filing certain forms related to changes in the company’s structure, such as Form SH-7 (which is used for increasing the authorized share capital).

As a result, non-compliance with the ACTIVE form means that the company will be unable to carry out important actions, like altering its authorized capital, until the form is duly filed and the company is brought back into compliant status.

Restriction on change in Paid-up Capital

A company that has not filed the INC-22A – ACTIVE form will be restricted from changing its paid-up capital. Specifically, the company will not be able to file Form PAS-3, which is used for reporting a change in paid-up capital, such as an allotment of shares.

Until the INC-22A form is filed and the company’s status is marked as compliant, it will be unable to make such changes to its capital structure or file any related forms with the MCA.

Restriction on change in directorship

A company that fails to file the INC-22A – ACTIVE form within the due date will be restricted from making changes to its directorship, except for the cessation of a director. This means the company will not be able to appoint new directors or make any changes to the existing board until the form is filed and the company’s compliance status is updated.

The cessation of a director is an exception, as this can still be processed even if the form hasn’t been filed, but other changes, like appointments or removals, cannot be made until the company is compliant.

Restriction on amalgamation, demerger & closure

A company that hasn’t filed INC-22A – ACTIVE cannot proceed with:

  1. Amalgamation or Demerger.
  2. Filing Form INC-28 for mergers.
  3. Applying for Fast Track Exit (FTE).
  4. Dissolution of the company.

These corporate actions are restricted until the form is filed and the company’s status is updated.

Restriction on change in registered office​

Documents Required for Filing

COI

Certificate of Incorporation

Photograph of external building of the registered office

It must include name, registered address and GST number in english and local language

Photograph of inside the office

It must have at least 1 director therein the office whose DSC will be affix on the form

Latitude and longitude of the registered office

The company has to specify the details related to latitude and longitude

Email id of the company

Email id must be provided for OTP verification

Statutory Auditor

SRN of the form for appointment of Auditor

Annual compliance forms

SRN of the form AOC-4 and MGT-7

DSC & Other details

For INC-22A – ACTIVE, the DSC of at least two directors is required, along with details of the appointment of key personnel, such as the MD, CEO,Manager, WTD, Company Secretary, and Cost Auditor (if applicable).

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Due Date

Exemptions

25th April 2019

Companies under process of Striking off or Struck off

Companies under process of Amalgamation

Companies under process of Dissolution or Dissolved

Fulfill compliance in 3 Easy Steps

*Subject to Government processing time

Process of filing KYC online

Day 1

  • Collection of Basic Information
  • Provide Required Documents

Day 2

Explore to know about Form INC-22A

Frequently Asked Questions

Yes, it is mandatory to file Declaration of Commencement of Business by filing form 20A; to establish that the company has received the paid up share capital amount and is eligible to start its business and borrow money in its name.

The form INC-22A must be filed on or before 25th April 2019.

No, only companies incorporated on or before 31st Decmber 2017 are required to file the form.

There is no government fee filing this form.

Yes, MCA will charge late filing fees of Rs. 10,000/- if the form is filed on or after 26th April 2019.

The Government fee depends on your authorised capital, however a minimum fee is Rs. 200/- for a share capital less than one lakh.

Yes, MCA will charge late filing fees of Rs. 10,000/- if the form is filed on or after 26th April 2019.

Yes, OPC is a form of company hence it has to file the form INC-22A.

The board of the registered office must contain name, registered office address and GST number.

The language on the board of the registered office must be in english as well as in a regional language.

 
 

First you need to appoint the auditor alongwith late filing fees and then file form INC-22A.

 
 

No, Company will not able to file the form untill the form for annual compliances has been filed.

 
 

The form must be digitally signed by 2 directors.

 
 

No, if the DIN of the directors are deactivated, then such director will not be able to file the form.

 
 
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