All about E- Form INC – 22A

Indian as a country has been undergoing some major changes in the past few years. Indian is one of those countries that have had to face some major economic and political transformation. The Indian constitution, which was drafted back in 1950, has undergone some drastic amendments since then. The Indian government and its policies on various topics such as agriculture, industry and trade, foreign affairs, etc., have also undergone many changes over the years. Indian economy too has gone through many ups and downs with regard to different aspects like GDP growth rate, inflation rates, etc., all of which needed constant monitoring by Indian government agencies like Reserve Bank of India (RBI), Ministry for Commerce & Industry (MCI), etc., The introduction of Form INC – 22A is yet another step in the Indian Government's efforts to ensure transparency and accountability in the Indian corporate sector. Indian had been facing many problems with the Indian company which includes things like wrong addresses being provided by Indian companies, not providing their PAN number to the Indian tax authority, etc.

Form INC -22A

Form INC – 22A is a mechanism to help Indian government agencies monitor Indian companies which are registered under the Companies Act 2013. The primary objective of this form is to bring up Indian business houses which have defaulted on filing various government forms or have violated some other norm/regulation under the Companies Act 2013 or Income Tax Act 1961 etc., This helps Indian government agencies check actions taken against defaulters and take necessary action against them as well as keep track of all registered companies India. Form INC – 22A is a compulsory requirement for Indian companies which means Indian company needs to file this form every year otherwise their business license will be revoked. All Indian companies which are registered under Indian laws and have Indian addresses can file E-Form INC – 22A. Since the introduction of INC – 22A, the Indian government has relaxed the rules and made it mandatory only if Indian company has defaulted with filing any other forms like Income Tax Return, ESIC, etc.,

E-Form INC - 22A

The use of the word 'E' in E- FORM stands for the electronic filing process. It also helps the Indian government create an online database of all Indian companies under India. This step helps the Indian Government analyze various trends which emerge from such data collections. The data collected by the Indian Government can help them determine Indian companies who default on Indian tax forms, Indian companies violating Indian business policies, and Indian companies doing any illegal activities in India. Indian Government can easily access Indian company's data and take necessary action against them. INC – 22A was introduced by the Ministry of Corporate Affairs (MCA) as of their efforts toward regulatory reforms which Indian civil services were undertaking. Indian Government had already laid out rules regarding Indian companies that want to expand their business into Indian states other than Indian state of incorporation or Indian state where Indian company's head office is located. INC – 22A forms are required to be filed by Indian companies for changing Indian corporate details including Indian registered office address, change in director/partner details, change in name, etc., Indian corporates and Indian companies should be aware of the new E- Form INC – 22A. Introduced by MCA, this form has been introduced to address validation for all registered Indian companies under the Indian Companies Act, 2013. This form is required to be filed with the Ministry of Corporate Affairs (MCA) on or before April 1st, 2019. Filing this form will not only simplify the process but also help in transparency as well as accountability at various levels within Indian businesses that are organized into company format. Any Indian corporate or Indian company that does not file this form shall stand disqualified from accessing services provided by Central Government Departments like Goods and Services Tax Network (GSTN), National Securities Depository Limited (NSDL), etcetera until this form has been filed. Indian companies and Indian corporates should definitely file this E- Form INC – 22A and revalidate their Indian corporate identity online to be in compliance with Indian laws and regulations, which shall facilitate Indian businesses when it comes to accessing services that are primarily available for Indian citizens or Indian entities only. This form along with other things like Company Incorporation Form (INC - 15) can be obtained from MCA's website by visiting Corporate Affairs. The said link provides access to all forms related to Indian company registration/incorporation under the Companies Act 2013. Indian companies that are not yet registered can also visit the Indian company registration page on MCA's website to know about the Indian company registration process and the Indian company incorporation process under the Indian Companies Act 2013. This link provides access to all Indian company forms, which can be downloaded for easy use by Indian corporates/businesses who follow the Indian corporate structure format: http://www.mca.gov.in/Ministry/forms_pub.htm#incorp. E- Form INC – 22A is just one of the many Indian e-forms that Indian businesses should definitely take note of in order to stay compliant with Indian laws and regulations as well as facilitate services within India where required (e.g., GSTN registration, Indian company incorporation process, Indian corporate registration process). Indian companies can use Indian e-forms to ease the Indian corporate registration procedures. E- FORM INC -22A can be submitted online through the MCA portal's Electronic Filing System (EFS) which you can log on through this link: https://www.mca.gov.in/MCA21NEW/csd_efs_login_screen You will need an MCA21 account to file Indian forms. Indian Companies can also download INC – 22A as PDF from the MCA portal and submit it manually as well. Indian companies have been given a deadline of 30th June 2019 to file Form INC – 22A by the Indian Government or else they will have their business license revoked/revoked automatically.

Applicability of Form Inc – 22A

All firms that were incorporated before December 31, 2017 must submit the company's information and the address validation of the registered office through E-Form INC - 22A no later than April 25th, 2019 to the Registrar. However, certain businesses are exempt from this requirement:-

• 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

Who is restricted from filing E-Form INC – 22A?

Any firm which has not submitted its annual or financial statements under Section 137, 92, or both to the Registrar shall be prohibited from filing the ACTIVE form. If a company is being managed in a dispute and this has been recorded by the Registrar, it will be permitted to submit an E-Form INC – 22A.

Information required to file E-Form INC – 22A

• Form INC – 22A is a simple form that asks for information like current Indian address of Indian company, Indian registered office address, the full name of Indian director(s), Indian partnership details, etc., Indian directors have been added into 'Indian' database so that they must provide their PAN at the time of filing E form India. In case they don't have a Pan number then they need to apply for a pan card before filing Indian inc 22a. Indian directors are allowed to file Indian inc 22a only in case the Indian company's name has changed or Indian registered office address has changed or Indian director(s) have changed or Indian partnership details have changed etc.,
• Filing this form is mandatory for all Indian companies who want to continue their business operations in India. This law is part of the Indian Government's initiative toward better business reforms. All the information provided by Indian companies while filing INC – 22A on the MCA portal will be analyzed and used by Indian government agencies to take necessary actions. If any data provided by the Indian Company is found false then additional penalties will be imposed on them under section 272B of the Indian Companies Act 2013.
• Indian govt also requires Indian Companies to file Indian inc 22a before they can apply for applying Indian GST number or Indian TAN number. Indian govt is trying to push Indian companies into digital India. Indian government agencies will keep track of Indian companies by linking INC – 22A details with directors' data and other business data of Indian companies.
• This Indian inc 22a can be used by Indian companies, Indian LLP's, and Indian Partnership firms to update Indian director(s) or change Indian address.

All compliances with respect to the filing of Financial Statements (Section 137) and Annual Returns (Section 92) for the financial year 2017-18 must be completed by the firm prior to submitting INC – 22A. The following information must be supplied in the e-form ACTIVE 22A:

• The name of the firm
• The company's Identification Number (CIN) should be obtained from its Certificate of Incorporation, which was issued by the government.
• The address of the company will be auto-filled after the submission of CIN, which is a nine-digit number.
• Map locating latitude/longitude – The registered office's location can be found on a map.
• Receive One Time Password Verification by E-mail and Mobile Number - When the form is completed and free of errors, the ‘Send OTP' button will become active.

Additionally, the company must also provide the following details:

Information about all associated directors:

It's critical to recognize that the DIN of every associated director must be “Approved,” not “Disqualified.” The following information is required:

• Number of Directors
• DIN
• Status of DIN

Information about the auditor: The company must have completed the form ADT-1 for the financial year 2018-19 in order to hire an auditor. The information to be given is as follows:

• PAN
• Firm Registration Number
• Period of appointment
• Name of the firm

Information of cost auditor ( if applicable): The company must submit a CRA-2 form to have a cost auditor appointed. The following information is required:

• Name of individual/firm/llp
• Membership number / Firm Registration number as the case may be
• Financial year to be covered

• Details of the CEO/CFO/Key Managerial Personnel MD/CEO/Manager/Whole Time Director
  • Name
  • DIN/PAN
  • Designation
• Company Secretary, where applicable
  • Name
  • DIN/PAN
  • Membership Number
• Chief Financial Officer, where applicable
  • Name
  • PAN
• Details of the Certifying Authority (CS/CA)
  • DSC of certifying authority
  • Membership number
  • CA/CS/Cost Accountant
• Details of AOC – 4 and MGT – 7 filed for the Financial Year 2017-18
• This form is required for both AOC-4 and MGT - 7. Both forms must be submitted within the designated time frame in order to obtain n SRN..
• Enter the registered office's latitude and longitude, which may be found using maps.

Required attachments The information on this form must be checked in the Company's registered office, where one of the Company's Directors is present (internal and external photographs are required).

Consequences of non-filing of Form INC – 22A

When the firm fails to submit the ACTIVE form by April 25, 2019, it will be labeled as "ACTIVE non-compliant" and held responsible for action under the Companies Act of 2013. Furthermore, until the e-Form ACTIVE is submitted, the Registrar will not record any changes or events related to the company:-

• SH – 07 (Changes in Authorised Capital)
• PAS – 03 (Changes in Paid-up Capital)
• DIR – 12 (Changes in Director except for cessation)
• INC – 22 (Change in the Registered Office)
• INC – 28 (Amalgamation, de-merger)

Fees for Filing E-Form INC – 22A

Particulars	Fees
INC – 22A filed on or before 25th of April, 2019	Nil
Companies that get “ACTIVE non-compliant” status	Rs. 10,000

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