Additional Requirement - KYC of Company

MCA vide notification dated 21^st February, 2019 amended Companies (Incorporation) Rules, 2014 (Rules).  The amended rules are effective from 25^th February, 2019.

The key highlights of the same are as under:

Applicability

Applicable to – Every Company incorporated on or before 31^st December, 2017, except following companies

• Under process of striking off/struck off
• under process of liquidation
• Dissolved
• Amalgamated

Following Companies are restricted from filing return:

The companies which have defaulted in filing financial statements and Annual return or both (i.e. AOC-4/AOC-4 XBRL and/or MGT-7) shall be restricted from filing e-Form ACTIVE.

However Companies under Management dispute and Registrar has recorded the same on the register can file such form.

Return Filing

Every company shall file the particulars of company and its registered office in e- form ACTIVE (INC-22A) (Active Company Tagging Identities and Verification) on or before 25^th April, 2019. The following particulars are required to be provided in the form:

• Latitude and Longitude details of Registered Office of the Company
• E-mail ID of Company and verification by OTP
• Details of Statutory Auditor and Cost Auditor
• Details of Directors and KMPs of the company
• Details of Annual filing for F.Y.- 2017-18
• Photograph of Registered Office (both Exterior and Interior) along with KMP/Director who is affixing DSC

Consequences of non- filing

If the company does not file e- Form ACTIVE, the said company will face following consequences 

• Company will be marked as ACTIVE – Non compliant
• Company will be liable for action under Sec. 12(9) i.e. physical verification of registered office of the company by ROC
• The ACTIVE-Non Compliant companies won’t be able to file following forms:
• SH-7 (Change in Authorised Capital)
• PAS-3 (Change in paid up capiital)
• DIR-12 (Change in Director except cessation)
• INC-22 (Change in Regd. office)
• INC-28 (Amalgamation/Demerger) 

Late filing Fees

 If a company files e- Form ACTIVE on or after 26^th April, 2019, the late filing fees will be ₹ 10,000. There are no filing fees for e- form ACTIVE filed on or before 25^th April, 2019.