Under the companies Act 2013 a new form known as the INC 22-A has been introduced by the MCA as the KYC for all the companies registered under this act.  The due date for the submission of the form INC 22 is 25Th April 2019.  The main purpose behind the introduction of this form is check whether the correct details are uploaded by the companies while doing e-filing or not. Through this blog we will be taking a look at the various aspects related to the E-form INC 22-A.

The Form INC-22 A has been given the name Active(Active Company Tagging Identities and Verification) by the ministry of corporate affairs. This form is required to be file by every company formed on or before 31st December 2017 mandatorily. In this form the companies are required to provide the details and the financial returns. Following are the details required to be mentioned in the E-Form INC-22A by the company’s filing the same –

  1. The name by which company is registered with MCA.
  2. From the certificate of incorporation the unique Corporate Identification number allotted to the company.
  3. The registered office address of the company. One thing to be noted here is that the address of the company will be auto filled after entering the DIN.
  4. From the maps the longitudes and latitude of the company shall be mentioned.
  5. The email id and phone number of the company should be mentioned for the purpose of OTP verification. Once the email and phone is added the button of verification is activated.
  6. The information about the associated directors of the company like the number of directors, their DIN numbers and the status of their DIN should be mentioned.
  7. The details of the internal auditor, cost auditor, key managerial personnel, company secretary and certifying authority shall be mentioned.
  8. The details of the form AOC- 4 and MGT-7 shall be given in this form.

Which companies are exempted from the requirement of filing the INC 22A?

 According to the rules of companies Act every company is required to file form INC -22A. However, there are certain companies who are exempted from the provisions of filing this form. Below we have listed out some of these companies –

  • Companies incorporated after 01.01.2018
  • Companies struck off from the Register
  • Companies under the process of strike-off
  • Companies under amalgamation
  • Companies under liquidation
  • Companies that are dissolved

Are there any categories of companies who are restricted from filing the E-Form INC – 22A?

The companies who have not fulfilled the mandatory requirement of filing the financial statement under section 137 and the Annual Returns under section 92 are restricted from filing the Form E-Form INC -22A.

What is the fees for filing the INC- 22 A?

For firms complying with the requirement within the due time the fees is Nil. However, for the companies who have not file the form within the due time and got the status of   “ACTIVE non-compliant” the filing fees will be 10,000.

What are the Consequences of not filing the INC-22A?

 The due date for filing the INC-22A by all the eligible companies is 25th April 2019 any company filing the form after the due will be liable to pay a penalty amount and will be punished accordingly. Before the due date there is no fee applicable for filing the form but after the due date the fee for filing the form will be 10,000 rs. Moreover, if the status of the company changes to “ACTIVE non-Compliant” the MCA will not entertain the below mentioned request from the company –

  • Change in authorized share capital
  • Change in paid up Capital
  • Changes in Director except cessation
  • Amalgamation, de-merger
  • Change in Registered Office