Introduction

The Government has vided Companies (Incorporation) Amendment Rules, 2019 dated 21st February 2019 launched Active Form to be filed by every company incorporated on or before the 31^st day of December 2017. All such Companies need to file e-form INC-22A on or before 25^th April 2019 to maintain their status as active. Failure to file will result in a change of status from “Active” to “Active Non-Compliant”.

Consequences of non-filing of INC-22A

Companies which fails to file the form within the stipulated time period, the status of the Company shall be changed to “Active-Non-Compliant” and shall not be able to file:

1. SH-7 for change in authorized share capital;
2. DIR-12 for change in the directorship of the Company;
3. PAS-3 for change in paid-up share capital of the Company;
4. INC-22 for change in registered office the Company;
5. INC-28 for the filing of merger/ demerger.

Penal Provision

The company has to pay a penalty of Rs. 10,000/- in case they fail to file INC-22A on or before 25.04.2019 and the Company shall be marked as “ACTIVE-non-compliant” on or after 26th April 2019 and shall be liable for action under sub-section (9) of section 12 of the Act.