Who is Going to Certify e-Form ACTIVE (INC-22A)? By Amrit Sharma - December 2, 2020 Last Updated at: Dec 21, 2020 1318 Any company registered on or before Dec 31, 2017, must submit the e-form ACTIVE to update its particulars and registered office address with MCA. The ACTIVE form can be filed only once, just like the KYC form. Companies that failed to submit INC-22A, will be marked as ‘ACTIVE Non-compliant’. They will be liable for action under the Company Act 2013 u/s 12(9). What is the E-form ACTIVE (INC-22A)? eForm ACTIVE (Applicable Tagging Identities and Verification) is the address validation online form of a company. A company can change its registered address through ACTIVE. The Ministry of Corporate and Affairs (MCA) has mandated to fill the INC-22A form for the companies to validate their registered office address. All details available at the MCA website will be fetched automatically at the time of filling this eForm but one can edit the Email ID, the number of the directors as on form filing date and registered office address of the company only. Only after the OTP verification step, ACTIVE will be successfully submitted. A company has to attach photographs of its registered office for a clear vision of the building – external view and inside office view as well. A photograph of at least one director/Key Managerial Personnel (KMP) should be uploaded along with his/her digital signature. Who Certifies eForm ACTIVE The ACTIVE form is certified by the following persons: In case One Person Company (OPC) – 1 Director Other than OPC Companies: 2 Director OR 1 Director For all companies: Practising CS/CA/CWA. get legal advise INC-22A Applicability Any company registered on or before Dec 31, 2017, must submit the e-form ACTIVE to update its particulars and registered office address with MCA. The ACTIVE form can file only once just like the KYC form. MCA has exempted companies from filing the eForm ACTIVE in the following conditions: Companies under liquidation Additionally, companies which are under the process of striking off or have been struck off Companies which merge or dissolve Special Cases A company whose financial statements and annual return reports are pending to submit with the registrar can not fill INC-22A ACTIVE, excluding if the registrar has recorded a management dispute of any company. If the management dispute of a company has registration with the jurisdictional Registrar of Companies (ROC), such companies can fill INC-22A ACTIVE even if they have not filed financial statements and Annual Return reports. ADT-1 is the form to intimate the registrar about the appointment of an auditor in a company. If any company has not submitted ADT-1 earlier, they need to submit form ADT-1 first. Only then, they will be eligible to file ACTIVE to fill in auditors’ details. A Limited Liability Partnership (LLP) or a Foreign company having a Branch office need not submit ACTIVE. Dormant companies that have incorporation but do not involve any kind of business activity yet, that do not require to file ACTIVE. If one of the directors’ DIN (Director Identification Number) status in the company is ‘Deactivated’ or ‘Disqualified’, such companies can not file ACTIVE. If a company is changing its registered office and the application is still pending before the Regional Director (RD), it need not wait till the order comes with approval. It can file ACTIVE with the current address. It is mandatory to appoint the minimum prescribed numbers of directors under the Companies Act, 2013. If a company does not meet the minimum requirement, it has to appoint the required number of directors first to comply with the rules, and only then it can submit ACTIVE. ACTIVE Non-compliant Companies that did not submit INC-22A, will mark as ‘ACTIVE Non-compliant’. They will be liable for action under the Company Act 2013 u/s 12(9). Such companies can not apply for the following purposes using different forms: Change in Authorized Capital (Form SH-07) Change in Paid-up Capital (Form PAS-03) Changes in Director (Form DIR-12) Shifting Registered Office (Form INC-22) Merger, de-merger (Form INC-28) The Fee of Filing INC-22 As per the Companies Act Third Amendment Rules 2018, a company need not pay any charges to submit an e-form on or before the due date mentioned in INC-22A notification. However, after the INC-22A due date, a company has to pay a fee of Rs. 10,000 to fill ACTIVE e-form. Please get in touch with Vakilsearch to get your papers in place for company registration.