eFORM ACTIVE (INC-22A): Applicability, Filing Fee And Requirements

An online form for the address validation of a company is known as eFORM ACTIVE INC-22A (Applicable Tagging Identities and Verification) . If a company wants to change it’s registered address, it can be done through eFORM ACTIVE. It is compulsory to fill the INC-22A form for the authentication of their registered office address. This has been made mandatory by the ministry of corporate and affairs (MCA). At the time of filling the eFORM ACTIVE, all the details which are available at the MCA website will be made automatically. But the applicant can edit the registered office address, email ID, number of directors at the time of form filling date, etc. Once the OTP is generated, then the form submission will be complete. A company is required to attach the photographs of the registered office. This is done to get a clear view of the building. The photographs should include “External View, Inside Of the Office and the Main Office Building”. There should also be a photograph of at least one director or key managerial personnel along with their digital signature.

Who certifies eFORM ACTIVE INC-22A?

Following people can certify the eFORM ACTIVE:

• one person company (OPC) – 1 director
• other than one person company – either two directors or one director
• All the companies – practicing CA/CS/CWA

 eFORM ACTIVE INC-22A applicability

MCA has made it mandatory for all those companies which registered on or before 31^st December 2017, to submit the eFORM ACTIVE INC-22A for updating their particulars and also the registered office address with MCA. Like the KYC form, the eFORM ACTIVE INC-22A too can be filed just once.

Under the following conditions, MCA has relieved companies from filling the eFORM ACTIVE INC-22A:

• Companies which merge or dissolve.
• Companies which are under liquidation.
• Companies which have been struck off or are under the process of striking off.

Special cases for filing eFORM ACTIVE INC-22A 

1. Any foreign company or a limited liability partnership (LLP) which has a branch office, is not required to submit eFORM ACTIVE INC-22A.
2. Companies which have been incorporated but have not yet started with any business activity till now are not required to file the eFORM ACTIVE INC-22A.
3. Any company whose annual reports and financial statements are still pending to be submitted with the registrar cannot fill eFORM ACTIVE INC-22A. Although, if any records of a management dispute have been recorded by the registrar, then the company can fill eFORM ACTIVE INC-22A.
4. The form which informs the registrar about the appointment of an auditor in the company is known as the ADT-1 form. Companies are obliged to submit the ADT-1 form. In case a company has not submitted the ADT-1 form earlier, then they are required to submit the ADT-1 form first. Only after the submission of the ADT-1 does a company become eligible to file eFORM ACTIVE inc-22A and fill in the auditor’s details.
5. Companies which have registered their management dispute with the jurisdictional registrar of companies (ROC) can fill the eFORM ACTIVE INC-22A. These companies become eligible to fill the form even if they have not filed their annual return reports and financial statements. If one of the director’s DIN (Director identification number) status is “disqualified” or “deactivated”, then that company won’t be eligible to file eFORM ACTIVE INC-22A.
6. In case a company is changing it’s registered office even though the application hasn’t been submitted formerly with the regional director (RD), the company does not have to wait till the order to be approved. The company can still file the eFORM ACTIVE INC-22A with it’s current address.
7. According to the Companies Act, 2003, the company must appoint the minimum prescribed number of directors. In case a company is not able to meet the minimum requirement, it is obliged to appoint a minimum number of directors first to comply with rules. After the appointment, the company is allowed to submit the eFORM ACTIVE INC-22A.

What Is ACTIVE non-compliant?

All those companies which do not submit INC-22A, are marked as “ACTIVE non-compliance”. These companies will be liable for their actions under the Companies act 2013 under section 12(9). Companies which are marked as “ACTIVE non-compliance” cannot apply for the given purposes using different forms:

• Change in paid-up capital (Form PAS-03)
• Change in authorized capital (Form SH-07)
• Shifting registered office (Form INC-22)
• Changes in director (Form DIR-12)
• Merger, de-merger (Form INC-28)

What is the fee for filing eFORM ACTIVE INC-22A?

A company is not obliged to pay any charges to submit an eFORM on or before the due date which is mentioned by the INC-22A notification. This has been stated as per the, Companies Act, the third amendment rules 2018. Although after the due date mentioned by INC-22A, a company is required to pay a fee of Rs.10,000 to fill the eFORM ACTIVE INC-22A.

Information Required to File eFORM ACTIVE INC-22A

Before filing INC-22A, a company is required to file it’s financial statements (section137) and annual return report (section9) of the financial year 2017-18. The following information is required while filing eFORM INC-22A:

1. Name of the company
2. The registered address of the company along with the Pincode – the company address has to be auto-filled on submission of CIN.
3. Company identification number (CIN) – it has to be taken from the certificate issued by the company for it’s the incorporation
4. Location of the registered office on the map along with defining it’s latitude and longitude – the mentioned details can be easily obtained from the map.
5. Phone number and email address for receiving one-time password (OTP) – once the entire procedure is through and has also been checked thoroughly, “send OTP” is activated.

Additional details required for the filing of eFORM ACTIVE INC-22A

1. Information of all associated directors

It is mandatory that the DIN number of all the associated directors must have an approved status and should not have a “disqualified” status. The details to be submitted are given below:

• Number of directors
• DIN
• Status of DIN (approved/disqualified)

2. Information of the auditor

As mentioned above, a company should have filed the Form ADT-1. The details to be submitted are given below:

• Firm registration number
• PAN
• Period of appointment
• Name of the firm

3. Information of the cost auditor (if relevant)

For the appointment of a cost auditor, a company has to file the form CRA-2. The details to be submitted are given below:

• Financial year to be covered
• Membership number or firm registration number (whatever is applicable)
• Name of individual/firm/limited liability partnership (LLP)

4. Required details of the CEO/CFO/Key Managerial Personnel MD/manager/ whole-time director

• Name
• Designation
• DIN/PAN

5. Company secretary (if relevant)

• Membership number
• Name
• DIN/PAN

6. Chief financial officer (if relevant)

• Name
• PAN

7. Information about the certifying authority (CA/CS)

• Membership number
• DSC of certifying authority
• CA/CS/Cost Accountant

8. Details of AOC-4 along with MGT-7 filed for the financial year 2017-18

• Service request number for both AOC-4 and MGT-7 must be equipped with the form. A company must file the form with the specified period to get an SRN.
• Write the latitude and longitude of the registered office address.

9. Required attachments

• Photograph of the registered office of the company (Internal As well As External) should be attached with the form and a photograph of any one of the directors of the company should also be attached.

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