ICSI issues 35 Frequently Asked Questions on E-Form Active
Q.1. What is E-form ACTIVE?
ACTIVE stands for Active Firm Tagging Identities and Verification. The Ministry of Company Affairs has launched the identical for tackle validation of Active corporations.
Q.2. What is the applicability of the shape?
The form is applicable to every firm included on or before the 31st December, 2017. Such corporations shall file the particulars of the corporate and its registered office, in e-Type ACTIVE (Active Firm Tagging Identities and Verification) on or earlier than 15.06.2019
Restrictions on filing the Type:
Any company which has not filed, with the Registrar, its
a due financial statements underneath part 137 or
b due annual returns underneath section 92 or
c each(a) and (b)
Nevertheless, if there is a administration dispute on account of which such company has not been capable of file monetary statements and returns underneath part 137 and section 92 and the identical has been intimated and recorded by the Registrar, such corporations might file e-form ACTIVE.
Following corporations are usually not required to file E-form ACTIVE
- Corporations struck off/ underneath means of hanging off
- Corporations underneath liquidation
- Corporations that are amalgamated or dissolved
as recorded by the Registrar.
Q.3. What is the charge for filing E-form-INC- 22A?
In accordance with Corporations (Registration Workplaces and Charges) Amendment Rules, 2017, there isn’t any charge payable by the company for submitting INC-22A on or earlier than 15.06.2019 thereafter in delayed instances i.e. submitting of e-form on or after 16.06.2019, Rs. 10,000 is payable.
Q.Four. What is going to occur if the company does not file E-form INC-22A?
Such Company shall be marked as ‘ACTIVE non-compliant’ and shall not be eligible to file the following varieties:
- SH-07 (Change in Approved Capital)
- PAS-03 (Change in Paid-up Capital)
- DIR-12 (Modifications in Director apart from cessation)
- INC-22 (Change in Registered Workplace)
- INC-28 (Amalgamation, de-merger)
Nevertheless, the corporate shall be marked as ‘ACTIVE Compliant’ on filing of e-form ACTIVE with specified charge.
Q.5. In respect of filing of e-form Active pursuant to the Corporations (Incorporation) Amendment Guidelines 2019, please affirm whether corporations which are already underneath the method of amalgamation (but to be amalgamated) are required to file e-Type Active.
Following Corporations are exempted For Submitting the e-form ACTIVE (INC-22A)
(a) Corporations which have been struck off
(b) Firm beneath means of hanging off
(c) Company beneath liquidation
(d) amalgamated or dissolved
Q.6. Whether or not two corporations can use the same premises as registered Office?
As per Corporations Act, 2013 nowhere restrict of registered office at single premises is prescribed. Subsequently, it is rather clear that single premises can have any number of registered workplaces.
Q.7. Many Authorities Corporations did not file ADT-1 as no approval in AGM is required for appointment; no details in such instances seem in prefill. Clarify?
No exemption is given even to Government Firm to file Type ADT-1. But when in any case as a result of any inadvertent causes, it has not been filed , first File type ADT-1 after which after that file type INC-22A.
Q.8. Can an individual update his info via E-form INC-22A?
No, a person can’t replace his personal info via this manner. Nevertheless, you might update the E-mail ID on which the knowledge and OTP is required to ship. E-mail ID is the only editable area within the type
Q.9. If Company is underneath Management Dispute as a consequence of which not capable of file Financial Statement or Annual Return. Whether or not allowed to file e-form Active?
If there’s any management dispute and company has knowledgeable the same to ROC, which is duly registered, in such case even with out completion of Annual Filing (AOC-Four or MGT- 7) the companies are allowed to file e-form ACTIVE.
Q.10 Whether LLP or Branch workplace additionally required to file e-form INC-22A?
As per Language of Rule 25A “Every Company”, subsequently, one can clearly opine that Solely Corporations are required to file this Type.
LLP and Department workplaces are out of preview of e-form 22A. They don’t seem to be required to file this type with ROC.
Q.11. Clarify the idea of E mail & OTP Verification for Validation of INC 22A ?
Type INC 22A is E-form through which details of company and e-mail id is required. As soon as e mail id is submitted, type will generate OTP and ship to E-mail ID of Company. The OTP needs to be crammed for verification of E-form.
Q.12.Can we put E-mail ID of any one of many Director quite than E-mail ID of the Firm?
E mail Id has key implication in the Corporations Act, 2013. So, it is advisable that each one Directors or Firm Secretary to to not put or indulge themselves in the danger. A separate e-mail Id could also be created devoted to the Firm.
Q.13. What number of photographs to be hooked up within the Type ACTIVE?
2 Pictures i.e. 1 Photograph of Registered Workplace displaying exterior building and 1 displaying the within workplace and in addition displaying therein a minimum of one director/KMP who has affixed his/her Digital Signature to this kind.
Q.14.Is it true that professional should go to the Registered Office?
No, it is nowhere talked about that the professional must visit the Registered Workplace for verification. Nevertheless, it’s advisable that with a view to minimise the danger and to make sure the existence of the same, one can go to the registered office.
Q.15.Is Type ACTIVE is a onetime compliance or annual requirement?
As of now Type ACTIVE is one time affair. Nevertheless, if any requirements arises, it might be made annual compliance by the Regulator.
Q.16.What are the obligatory attachments of E-form INC-22A ?
Photograph of Registered office of the corporate displaying exterior constructing and inside workplace also displaying therein at the very least one director/KMP who has affix her/his digital signature to this kind.
Q.17. If status of the DIN is ‘other than approved’? Then, what’s the implication?
The standing of the DIN cannot be shown aside from authorised, if the DIN has been disqualified or deactivated as a result of non-filing of DIR-3KYC, it should get pre-filled, nevertheless one shall not be capable of successfully submit the form.
Q.18. Who shall digitally sign the E-form INC-22A?
Make sure that the eForm is digitally signed by one director in case of OPC. In case firm is aside from OPC, type shall be signed by one director and one KMP or two directors. Such individual shall be the same as within the photograph hooked up.
The form shall be certified by Company Secretary/ Value Accountant/ Chartered Accountant.
Q.19. Which info is required to be submitted in Type INC-22A?
- Identify of the Company and CIN
- Registered Handle of the Firm
- Two Pictures of the registered office of the company. The primary photograph of the registered workplace shall be taken from outdoors of the premises, whereas the second photograph needs to be taken from inside the registered workplace premises displaying at the very least one director / KMP who shall be signing the e-form INC-22A.
- Location of registered workplace on Map defining Latitude / Longitude
- E mail for OTP verification
- Details of:
- Administrators, DIN, and Status of DIN
- Statutory Auditor (PAN, Agency quantity, Period of Appointment and so on)
- Value Auditor (if applicable)
- Firm Secretary (if relevant)
- CEO or Managing Director
- CFO (if applicable)
- SRN Variety of AOC Four / MGT 7 For FY 17-18
Q.20. If one of the three Director of the Firm has received dispute with the opposite Administrators, however his resignation has not been observed or filed anyplace, whether the Company is required to file E-form INC-22A. The matter is beneath trial NCLT ?
If the matter is sub-judice anyplace, first get it corrected after which solely file the form.
Q.21. Whether or not dormant company is required to file Active type?
All Corporations whether or not Government Company, Section 8 Company or even a Dormant Firm is required to file Active Type.
22. Whether or not handle of Registered Workplace is mandatorily talked about on the board of the Company?
As per Part 12(Three)(a) of the Corporations Act, 2013, every firm shall paint or affix its identify, and the tackle of its registered workplace, and hold the same painted or affixed, on the surface of every workplace or place by which its enterprise is carried on, in a conspicuous position, in legible letters, and if the characters employed therefor usually are not these of the language or of one of many languages basically use in that locality, additionally in the characters of that language or of a type of languages.
23. What does the latitude and longitude means within the type?
Latitude and longitude here is used close to Geo tagging the registered office of the company.
Q.24. Give the pattern photograph which exhibits how the Latitude and longitude of the Company is addressed?
Q.25. In case the company has filed type GNL-2 previous to October 20, 2014 in respect of auditor’s appointment i.e. type ADT-1 as an attachment in type GNL-2, what’s the remedy out there?
In case the company has filed type GNL-2 in the interval from April 1, 2014 to October 20, 2014 for intimation of auditor’s appointment, then corporations are requested to refer the clarification issued by MCA. Nevertheless, if clarification isn’t there, then they will increase ticket in such case.
Q.26. In case the company has filed type GNL-2 after October 20,2014 in respect of auditor’s appointment i.e. type ADT-1 as an attachment in type GNL-2, what’s the treatment out there?
In case the corporate has filed type GNL-2 after October 20, 2014 for intimation of auditor’s appointment, then corporations are requested to file type ADT-1 with further fees.
Q.27 (a). In case the corporate has not adopted the uniform monetary yr as per part 2(41) of the Corporations Act,2013 but has taken order from honorable CLB ( Company regulation Board), RD (Regional Director) & NCLT (National Firm regulation tribunal ) on this regard, what is the treatment out there to the corporate?
The Firm in this case can increase the ticket to MCA and MCA might provide the answer on ticket to ticket foundation. Nevertheless, if the corporate has been allotted a time period by the honourable authorities, after the expiry of which they need to align with the uniform financial yr, the company might achieve this as soon as attainable.
Q.27 (b). What if the Firm has not taken approval from CLB, RD and NCLT?
The Firm is requested to boost the ticket to MCA and it’s advisable to take the prior approval from honorable CLB, RD and NCLT.
Q.28. Is it required to comply with the provisions of Part 12 of the Corporations Act, 2013 for objective of submitting type INC-22 A?
Sure, due care ought to be taken in an effort to adjust to the provisions of Part 12 of the Corporations Act, 2013 for the aim of submitting this manner.
Q.29. Is it obligatory to take the photograph by which latitude and longitude must be talked about?
No it’s not obligatory that in the photograph, latitude and longitude must be mentioned. Nevertheless, it is suggested or advisable the photograph should include the latitude and longitude for the great corporate governance & higher compliance function.
Q.30.The Company is in the strategy of shifting of registered workplace from one state to another and the order continues to be pending earlier than RD, so will it’s required to file this manner or needs to wait until the order comes?
The Firm is required to file the shape in case the order continues to be pending before RD in case of shifting of registered office from one state to another.
Q.31. Whether the company which is lively non-complaint can file the annual submitting and charge associated varieties?
Sure, the company can file the annual filing and charge related types in case the company is lively non-complaint.
Q.32. Ought to the registered office identify board to be in English and regional language as nicely?
As per Section 12(Three)(a) of the Corporations Act, 2013, every firm shall paint or affix its identify, and the handle of its registered office, and hold the identical painted or affixed, on the surface of each office or place during which its business is carried on, in a conspicuous place, in legible letters, and if the characters employed therefor aren’t those of the language or of one of the languages generally use in that locality, additionally within the characters of that language or of a type of languages.
Hence, it is advisable that Identify board of the Firm ought to be in English and in regional language in compliance with aforesaid provision.
Q.33. What ought to be achieved in case company has appointed more than most number of administrators i.e. greater than fifteen directors as prescribed in the Corporations Act, 2013.
In case firm has appointed greater than fifteen administrators, the Corporations are advised to offer SRN of type MGT-14 filed in respect of appointing greater than fifteen directors along with resolution date within the type.
Q.34.Is the Firm required to nominate the minimum variety of administrators as prescribed in the Corporations Act, 2013 for the purpose of submitting this kind?
Yes, the minimum prescribed limit of directors i.e. two in case of private firm and three in case of public firm should not be breached and directors have to appointed first for the aim of meeting this compliance.
Q.35 Whether or not the DIR-Three KYC is to be filed before submitting E-form (ACTIVE)?
Earlier than filing E- type ACTIVE, the corporate must file DIR-Three KYC, so that the standing of the Administrators is “Approved”.