Form 22A


Filing Form 22A (ACTIVE) is mandatory for companies incorporated under the Companies Act. File it now & remain compliant with the RoC.

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What is Form 22A?

Form 22A is for recording, verifying and validating addresses of all companies incorporated under the Companies Act, 2013. As per the Companies (Incorporation) Amendment Rules, 2019, which came into effect from February 25, 2019, the Ministry of Corporate Affairs (MCA) introduced form 22A for every company registered on or before December 31, 2017. Form 22A is known as ACTIVE (Active Company Tagging Identities and Verification), which is a KYC E-form that will include all particulars about the company that files the form, including its office location. The purpose behind the introduction of an e-form active INC 22A was to ensure proper verification of company details, thus preventing the e-filing of shell corporations or businesses.

Benefits of Filing an E-Form Active INC 22A

  • Identifying shell corporations: Filing form 22A helps in identifying shell corporations or companies and thus helps in strengthening the governance of corporate bodies, as per the rules and regulations stipulated by the MCA.
  • Records and verifies company addresses: Form 22A is known as ACTIVE (Active Company Tagging Identities and Verification), which is a KYC E-form that records, verifies and validates addresses of all companies incorporated under the Companies Act, 2013, along with photos and documents.
  • Generates a transparent system: By being able to record and verify details of all companies, it helps in preparing an authentic registry of company names, thus generating a clean and transparent system to enable better governance.

Checklist for Consequences of not filing form 22 A

Marked As Non-Compliant:

  • As per sub-section (9) of section 12 of the Companies (Incorporation) Amendment Rules, 2019, a company (incorporated under Companies Act, 2013) Additionally, the company and the concerned officer who is in default, shall be charged a penalty of Rs. 1000/- to be paid every day until the default continues, not exceeding one lakh rupees.
  • The Company Registrar may do a physical verification of the business, if he or she believes that the company has not been performing its operations as prescribed in subsection (1), he/she may invoke the provisions of sub-section (8), (section 12 of the Companies (Incorporation) Amendment Rules, 2019), the company name can be removed from the company.
  • If a company does not file e-form INC-22A on time, there is a late fee of Rs. 10,000/-.
  • If the Registrar marks Companies as “ACTIVE non-compliant”, he/she will not accept the request for the following changes unless “e-Form ACTIVE” is filed –
      SH-07 (Change in Authorized Capital);
  • PAS-03 (Change in Paid-up Capital);
  • DIR-12 (Changes in Director except fpr cessation);
  • INC-22 (Change in Registered Office);
  • INC-28 (Amalgamation, de-merger)
  • A company shall be marked as “ACTIVE Compliant” on payment of late fees of Rs. 10,000/- if an “e-Form ACTIVE” is filed on or after 26th April 2019.
  • As issued on May 16, 2019; an organization that fails to file “e-Form ACTIVE” with required period as mandated by Rule 25A of the Companies (Incorporation) Rules, 2014, the directors of that company’s Director Identification Number (DIN) shall be marked as “Director of the ACTIVE non-compliant company”,
  • Hence, it is the responsibility of the directors of those companies to file e-form ACTIVE so that the DIN of such directors shall be marked as “Director of the ACTIVE compliant company”.

Prerequisite procedure for filing form 22A MCA

When it comes to filing form 22A MCA, there are certain prerequisites in place;

  • Form 22A download:To acquire from 22A, one can simply the MCA portal, select the tab ‘MCA services’, choose ‘Company Form Downloads’, under the ‘E-Filing’ section, and scroll down from the list of forms available to proceed with form 22A download.
  • The minimum number of directors:First and foremost it is the minimum number of directors in the company that has to be taken into account when filing form 22A MCA. The minimum number is not different from the minimum requirement of public companies, and private limited companies. As with private limited companies, there will be a minimum of 2 directors and 3 for public companies, will be followed.
  • The maximum number of directors: With a maximum of the limit of 15 directors, any company that has more than the maximum limit shall attach the SRN of MGT-14 along with the form 22A, which shows the board resolution that passed to appoint more directors than the maximum limit.
  • Financial Statements: Additionally, the previous financial year’s SRN of AOC-4 form (filing of financial statements) and MGT-7 form (filing of annual return) has to be filed along with the form 22A
  • Paid-up capital more than 10 Crores: As per Companies Act, 2013, a company with more than 10 crores as paid-up capital shall have Key Managerial Personnel.
  • Paid-up capital more than 5 Crores:As per Companies Act, 2013, a company with more than 5 crores as paid-up capital shall have a Whole Time Company Secretary.
  • Disqualified director: A company with a director who has been disqualified u/s 164(2) of Companies Act, 2013, then such Company cannot file form 22A

Documents required to file Form 22A

  • Documents that validate the company name(Company Incorporation Certificate).
  • The Company Identification Number (CIN) as stated in the Certificate of Incorporation issued to the company.
  • On submission of the CIN, the registered office address with Pincode will be auto-filled in the form.
  • The location of the registered office on Map defining latitude/longitude – These details can be obtained from maps
  • Email and Mobile Number for receiving One Time Password Verification – Once the form is filled up, the ‘Send OTP’ button will be activated.

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