Active Company Tagging Identities and Verification

Requirements for filing of Active Company Tagging Identities and Verification (ACTIVE) form

With reference to the recently notified Companies (incorporation) Rules, 2019 which comes into effect from 25^th February, 2019, the inserted rule 25A states that:

“Every company incorporated on or before the 31^st December, 2017 shall file the particulars of the company and its registered office, in e-Form ACTIVE (Active Company Tagging Identities and Verification) on or before 25.04.2019.”

Companies restricted from filing e-form ACTIVE (INC – 22A):

• Companies which have not filed its due financial statements under section 137 or annual returns u/s 92 of the Companies Act, 2013, shall be restricted from filing the e-form ACTIVE unless such Company is under management dispute and the ROC has recorded the same on the register.

Companies not required to file e-form ACTIVE:

• Companies which have been or are under the process of being struck off or under liquidation or amalgamated or dissolved and ROC has recorded the same – shall not be required to file the form.

Consequences

If the form is not filed within the time limit given (i.e. 25^th April, 2019), then:

1. The Company shall be marked as “ACTIVE-non-compliant”
2. Shall not be allowed to file the following forms unless they have filed the e-form ACTIVE-
   1. SH-07 (Change in Authorised Capital);
   2. PAS-03 (Change in Paid-up Capital);
   3. DIR- 12 (Changes in Director except cessation);
   4. INC-22 (Change in Registered Office);
   5. INC-28 (Amalgamation, de-merger)

3. The Company will be given the status of ACTIVE only after payment of fees of Rs. 10,000 (Rupees Ten thousand only)

Details required to be provided in the form are:

1. Name, Address and email id of the Company (email id required for OTP verification)
2. Details of the Directors (The DIN of the Directors should be  under the “approved” status “and are neither “Deactivated due to non-filing of DIR – 3KYC” nor “Disqualified under section 164(2)”
3. Details of a statutory auditor
4. Details of cost auditor (if applicable)
5. Details of Managing Director/ CEO/ Manager/ Whole Time Director of the Company
6. Details of CS of the Company (if applicable)
7. Details of CFO of the Company (if applicable)
8. Details of AOC – 4/ AOC – 4 XBRL and MGT – 7 filed for F.Y. 2017-18
9. Photograph of the registered office, showing the external building and inside the office, also showing therein at least one director/KMP who will affix his/her DSC to the form
10. The form shall be digitally signed by one director and one KMP or two directors (except in case of One Person Company)

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