ACTIVE Non-Compliant Company - What is Next?
Every company incorporated on or before the 31st December, 2017 was required to verify its registered office, by filing e-Form ACTIVE (Active Company Tagging Identities and Verification) on or before 15.06.2019.
Timeline for filing ACTIVE(INC-22A) expired on 15th June 2019. Ministry of Corporate Affairs has not extended the timeline for filing.
Non Filing e-Form ACTIVE
In case INC-22A was not filed on or before the said date, the status for such companies has been marked as ‘ACTIVE Non-compliant’. Also, the Director Identification Number (DIN) of all the Directors of such ‘ACTIVE non-compliant’ companies has been marked as ‘Director of ACTIVE non-compliant company’.
Effects of Non Filing e-Form ACTIVE
- The Company shall be marked as “ACTIVE-non-compliant.
- A penalty of Rs.10,000.00 shall be levied for late filing of INC-22A.
- No request for recording the following event based information or changes shall be accepted by the Registrar:
- SH-07 (Change in Authorized Capital);
- PAS-03 (Change in Paid-up Capital);
- DIR-12 (Changes in Director except cessation);
- INC-22 (Change in Registered Office);
- INC-28 (Amalgamation, de-merger)
- The Registrar will conclude has reasonable cause to believe that the company is not carrying on any business or operations
- The Registrar can he may cause a physical verification of the registered office of the company in such manner as may be prescribed
- The Registrar may without initiate action for the removal of the name of the company from the register of companies
- Also, the company and every officer who is in default shall be liable to a penalty which may extent to one lakh rupees.
File e-Form ACTIVE (Active Company Tagging Identities and Verification)
Timeline for filing ACTIVE(INC-22A) expired on 15th June 2019. Penalty of Rs.10,000.00 shall be levied for late filing of INC-22A.
Application for Closure of ACTIVE Non-compliant Company
An ACTIVE Non-compliant Company can file application for closing of company as a defunct company provided the following criteria are fulfilled:
- Companies that are not started any business within one year of its incorporation
- Companies where the subscribers to the memorandum have not paid the subscription money within a period of one hundred and eighty days from the date of incorporation
- Companies that are not carrying on any business or operation for a period of two immediately preceding financial years.
- All the directors must have filed the DIN KYC and updated the DIN status as approved.
- All the directors of the company should not be Disqualified under Sec.164 (2) of Companies Act. There should be at least One Director whose DIN is under Approved Status.