Active Company Tagging Identities and Verification compliance under the Companies Act, 2013 (e-Form ACTIVE)

The Ministry of Corporate Affairs, on the 21st of February, 2019 has came up with a relatively new concept called ACTIVE i.e Active Company Tagging Identities and Verification which verifies the company’s details and registered office in e-Form ACTIVE

Effective date of the notification: February 25, 2019

Applicability: The above provisions are applicable to all companies which have been incorporated under the act on or before December 31, 2017 except companies which were incorporated on or before December 31, 2017 but have been:
• Struck off by the Registrar or is under the process of striking off; or
• Under the process of Liquidation; or
• Has been amalgamated; or
• Dissolved

Due Date of filing e-Form:- on or before April 25, 2019

Pre-requisites for filing e-Form: Every company that is required to file the said e-Form ACTIVE, must ensure the following things before filing the form:
(1) Annual Filing forms i.e AOC-4 and MGT-7 for the financial year 17-18 is filed with the Registrar of Companies (Ensure both the forms are filed)

(2) Has the prescribed number of directors in the company i.e minimum 2 in private companies, minimum 3 in public companies and minimum 1 in OPC

(3) Each and every director of the company has duly filed their KYC forms with MCA and the status of their DIN is “Approved” and are neither “De-activated due to non-filing of DIR-3 KYC” nor “Disqualified u/s 164(2)”

(4) Has duly appointed an Auditor and the e-Form ADT-1 for their appointment has been filed with the Registrar of Companies

(5) Has duly appointment a Whole Time Company Secretary in the company, if applicable, and the e-form DIR-12 has been filed with the Registrar of Companies

(6) Has appointed Cost Auditor in the company, if applicable, and the e-Form CRA 2 has been filed with the Registrar of Companies

Consequences of non-filing of the e-Form: If the reporting company fails to file this e-Form with the Registrar of Companies on or before the due date:-
(1) Such companies will be marked as “ACTIVE-non-compliant”
(2) Such companies will not be allowed to file the following forms with the MCA
• SH-7 (Changes in Authorized Capital)
• PAS 3 (Changes in Paid Up Capital)
• DIR-12 (Changes in Director except for cessation)
• INC-22 (Changes in Registered office)
• INC-28 (Amalgamation, de-merger)

Filing Fees: Zero if filed on or before April 25, 2019

INR 10,000 if filed on or after April 26, 2019

Requirements for filing e-Form: Following documents/details are required for filing the form:
(1) Photograph of the external building of the registered office of the company showing name of the building (for eg. say the registered office of the company is situated in “Starlight” building, ensure the photo of the building shows the name “Starlight”)

(2) Photograph of outside of the registered office of the company (showing board of the company indicating its name, address, CIN, GSTIN, email id, telephone number and website, if any) (3) Photograph of inside of the registered office showing atleast one director whose DSC will be used in the form (for eg. If your company has 3 directors, Mr. X, Mr. Y and Mr. Z and DSC of Mr. X and Mr. Y is used in the form then the photo of inside office should mandatory include either Mr. X or Mr. Y)

(4) Email id of the company such as [email protected] or [email protected] or [email protected] or if it is gmail then [email protected] (this email id will be subject to #OTP verification and must be unique and shall belong to the company)

#Please note that the OTP can be generated only 10 times in one day and shall be valid for a span of 30 minutes each time

(5) DSC of any two directors of the company (including the Director whose photograph has been shared). Disqualified Directors will not be allowed to sign this form.

(6) Longitude and latitude of the company’s location.

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