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What Is Form 22A

What Is Form 22A

Form INC-22A is not a specific form in the context of Indian corporate compliance. However, there is a form known as Form INC-22A, which is referred to as the “ACTIVE (Active Company Tagging Identities and Verification)” form.

Form INC-22A was introduced by the Ministry of Corporate Affairs (MCA) in India. It is a compliance requirement for companies registered in India to confirm and update their registered office details and ensure that the information maintained by the MCA is accurate.

Here are some key points related to Form INC-22A:

  1. Purpose: The primary purpose of Form INC-22A is to verify and tag the companies as “Active” by confirming the correctness of their registered office details.
  2. Filing Requirement: Companies were required to file Form INC-22A within a specified deadline to avoid being marked as “Active Non-Compliant.”
  3. Details to be Provided: The form typically requires details such as the company’s registered office address, latitude and longitude coordinates, a photograph of the registered office, and details of directors and the statutory auditor.
  4. Consequences of Non-Compliance: Non-compliance with the filing of Form INC-22A within the deadline could result in penalties and the company’s status being marked as “Active Non-Compliant.”

Benefits of Filing an E-Form Active INC 22A

Filing the e-Form ACTIVE (INC-22A) is a mandatory compliance requirement for companies registered in India. The form, introduced by the Ministry of Corporate Affairs (MCA), is officially known as the “ACTIVE (Active Company Tagging Identities and Verification)” form. Here are some benefits and reasons for filing the e-Form ACTIVE (INC-22A):

  • Compliance with Regulatory Requirements:

Filing INC-22A ensures that a company complies with the regulatory requirement set by the Ministry of Corporate Affairs.

  • Verification and Accuracy:

The form is designed to verify and update the accuracy of the registered office details of companies, ensuring that the information maintained by the MCA is up-to-date.

  • Enhanced Transparency:

By providing accurate information about the registered office address, directors, and statutory auditor, the form contributes to transparency in corporate records.

  • Avoidance of Penalties:

Timely filing of INC-22A helps companies avoid penalties. Non-compliance or delayed filing may result in financial penalties and consequences such as the company being marked as “Active Non-Compliant.”

  • Maintaining “Active” Status:

Filing the form ensures that the company’s status remains “Active,” allowing it to operate and undertake various business activities without restrictions.

  • Avoiding Restrictions on Transactions:

Compliance with the ACTIVE form filing requirements prevents restrictions on certain transactions and activities. Non-compliant companies may face limitations on changes to authorized capital and filing of certain forms.

  • Avoiding Legal Consequences:

Non-compliance with regulatory requirements can lead to legal consequences for the company and its directors. Filing the form helps in avoiding legal actions and maintaining good corporate governance practices.

  • Streamlined Corporate Records:

Keeping corporate records updated through the filing of INC-22A contributes to the overall efficiency and accuracy of corporate governance.

  • Facilitating Communication:

Providing a valid email address and phone number in the form facilitates communication between the Ministry of Corporate Affairs and the company.

Applicability of Form INC-22A

All companies incorporated under the Companies Act, 2013, except for one-person companies (OPCs), are required to comply with Form INC 22A.

Mandatory attachment of Form INC-22A

“Filing Form INC 22 requires a compulsory attachment:

Include a photograph of the company’s registered office, displaying both the external building and the interior, featuring at least one director/KMP who has affixed their digital signature to this form.”

Following Restricted from Filing Form INC-22A

Filing is not allowed for:

1.Companies currently undergoing the process of liquidation.

2. Companies that have been removed from the register of companies.

3.Companies in the midst of being removed from the register of companies.

Checklist for Consequences of Not Filing Form-22A

The consequences of not filing Form INC-22A (ACTIVE) for companies registered in India could include various penalties and restrictions. from the Ministry of Corporate Affairs (MCA).

  • Penalties:

Non-filing or delayed filing of Form INC-22A may result in financial penalties imposed by the MCA. The amount of the penalty can depend on the time elapsed after the prescribed deadline.

  • Status as “Active Non-Compliant”:

Companies failing to file the form within the specified timeframe may be marked as “Active Non-Compliant.” This status may be visible on the MCA portal and may affect the company’s standing.

  • Restrictions on Transactions:

Non-compliant companies may face restrictions on certain transactions and activities. This may include restrictions on changes to the authorized capital, filing of certain forms, and other corporate actions.

  • Change in Company Status:

The company’s status on the MCA portal may reflect non-compliance. This change in status can have implications for the company’s ability to engage in business activities.

  • Communication from MCA:

Non-filing may result in communication from the Ministry of Corporate Affairs, notifying the company of its non-compliant status and the actions required to rectify the situation.

  • Legal Consequences:

Failure to comply with regulatory requirements may lead to legal consequences. Legal actions could be initiated against the company and its directors for non-compliance.

  • Impact on Authorized Signatories:

Non-compliance may impact the authorized signatories of the company, potentially affecting their ability to sign certain documents or undertake specific transactions.

  • Difficulty in Business Transactions:

The non-compliant status may create difficulties for the company in conducting business transactions, obtaining approvals, or entering into contractual agreements.

Prerequisite for Filing Form INC-22A

Filing Form INC-22A (ACTIVE) is a mandatory compliance requirement for companies registered in India. The form is designed to verify and update the details of the company, including its registered office and key personnel. While the specific requirements and prerequisites may be subject to change, here are some general prerequisites for filing Form INC-22A:

  • Active Company Status:

The company must have an “Active” status to be eligible for filing Form INC-22A. If the company is not in an active status, it may need to address any non-compliance issues before filing.

  • Up-to-Date Financial Statements:

The financial statements of the company, including the filing of annual returns and financial statements up to the latest financial year, should be up-to-date.

  • Valid Director Identification Number (DIN):

Ensure that the Director Identification Number (DIN) of all directors is valid. If there are changes in the directorship, such changes should be updated with the Ministry of Corporate Affairs.

  • Statutory Auditor Details:

Have the details of the company’s statutory auditor, including the auditor’s name, membership number, and firm registration number, available for filing in the form.

  • Updated Registered Office Address:

The registered office address provided in the form should be accurate and up-to-date. Supporting documents, such as utility bills or rent agreements, may be required as proof of the registered office.

  • Photograph of the Registered Office:

Companies are typically required to upload a photograph of the external building of their registered office, displaying the company’s name and address.

  • Latitude and Longitude Coordinates:

Provide the latitude and longitude coordinates of the registered office location.

  • Valid Email ID and Phone Number:

Provide a valid email address and phone number for communication purposes.

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CS Deepa Sharma

Author is a associate member of the Institute of Company Secretaries of India (ICSI) and apart from that she holds LLB degree and Master in Commerce degree from Rajasthan University. She is having over 5 years of experience as a Practicing Company Secretary. She is well versed with all the matters related to Company Law and ROC matters, RERA , statutory reporting, Compliance Report and Corporate Governance. She is having good exposure in maintaining secretarial records as prescribed under Companies Act, 2013.

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