What is INC-22A ACTIVE Form?
INC-22A ACTIVE form is a compliance form that must be filed by every registered company in India. The form requires the company to provide details of its registered office address, including the longitude and latitude of the location, along with a photograph of the registered office showing its exterior with a nameplate displaying the company’s name, CIN (Corporate Identification Number), and registered address.
The form was introduced by the MCA in February 2019, and it must be filed by all companies incorporated on or before December 31, 2017. The form is mandatory, and failure to file it can result in a penalty of INR 10,000. The form is available for filing on the MCA portal, and it can be filed online only.
Why was the INC-22A ACTIVE Form introduced?
The INC-22A ACTIVE Form was introduced to promote transparency in the corporate sector and to prevent shell companies from operating in India. Shell companies are entities that exist only on paper and are used for illegal activities such as money laundering and tax evasion. The introduction of the form aimed to prevent such entities from operating in the country.
The form requires companies to provide accurate and up-to-date information about their registered office address, which can help the government to identify companies that are not operating from their registered office or are using fake addresses. By doing so, the government can take appropriate action against such companies and prevent them from engaging in illegal activities.
What are the key features of the INC-22A ACTIVE Form?
The INC-22A ACTIVE Form has several key features, which are as follows:
- Mandatory filing: The form is mandatory for all companies incorporated on or before December 31, 2017.
- Online filing: The form can be filed online only through the MCA portal.
- Unique form: The form has a unique form number, i.e., INC-22A, and it cannot be used for any other purpose.
- Filing fee: There is no filing fee for the form.
- Verification: The form must be verified by a director or a company secretary.
- Photograph of registered office: The form requires the company to upload a photograph of the registered office showing its exterior with a nameplate displaying the company’s name, CIN, and registered address.
- Latitude and longitude: The form requires the company to provide the longitude and latitude of the registered office location.
What are the consequences of non-filing of the INC-22A ACTIVE Form?
Non-filing of the INC-22A ACTIVE Form can result in several consequences, which are as follows:
- Penalty: Failure to file the form can result in a penalty of INR 10,000.
- Non-compliance: Non-filing of the form can result in non-compliance with the MCA regulations, which can lead to legal action against the company.
- Restrictions on company: The MCA can restrict the company from making changes to its authorized or paid-up capital or from filing any other form with the MCA.
The form also aims to promote the ease of doing business in India by reducing the regulatory burden on companies. By requiring companies to provide accurate and up-to-date information about their registered office, the government can reduce the need for physical verification of the company’s address, thereby saving time and resources.
It is important for companies to ensure that they comply with the filing requirements of the INC-22A ACTIVE Form. Companies must ensure that the information provided in the form is accurate and up-to-date, and that the photograph of the registered office is clear and shows the nameplate displaying the company’s name, CIN, and registered address.
conclusion
the INC-22A ACTIVE Form is an important compliance requirement for registered companies in India. The form promotes transparency in the corporate sector and helps prevent fraudulent activities. Companies must ensure timely and accurate filing of the form to avoid penalties and restrictions on their operations.
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Frequently Asked Questions (FAQs)
Q.What is the purpose of the INC-22A ACTIVE Form?
The purpose of the form is to promote transparency in the corporate sector and to prevent shell companies from operating in India. The form requires companies to provide accurate and up-to-date information about their registered office address, which can help the government to identify companies that are not operating from their registered office or are using fake addresses.
Q.Who needs to file the INC-22A ACTIVE Form?
Every registered company in India that was incorporated on or before December 31, 2017, needs to file the form.
Q.When is the deadline for filing the INC-22A ACTIVE Form?
The deadline for filing the form was April 25, 2019. However, if a company fails to file the form by the deadline, it can still file the form with a penalty of INR 10,000.
Q.Can the INC-22A ACTIVE Form be filed offline?
No, the form can only be filed online through the MCA portal.
Q.Is there any filing fee for the INC-22A ACTIVE Form?
No, there is no filing fee for the form.
Q.What information is required to be provided in the INC-22A ACTIVE Form?
The form requires the company to provide details of its registered office address, including the longitude and latitude of the location, along with a photograph of the registered office showing its exterior with a nameplate displaying the company’s name, CIN, and registered address.
Q.What are the consequences of non-filing of the INC-22A ACTIVE Form?
Non-filing of the form can result in penalties and restrictions on the company’s operations. The MCA can impose a penalty of INR 10,000 and can also restrict the company from making changes to its authorized or paid-up capital or from filing any other form with the MCA.
Q.Can changes be made to the registered office address after filing the INC-22A ACTIVE Form?
Yes, changes can be made to the registered office address after filing the form. However, the company must file the necessary forms with the MCA to update the registered office address.
Q.Is the INC-22A ACTIVE Form applicable to foreign companies operating in India?
No, the form is only applicable to registered companies in India. However, foreign companies operating in India must comply with other compliance requirements under the Companies Act, 2013.
Q.How can a company verify whether it has filed the INC-22A ACTIVE Form or not?
The company can check the status of the form by logging into the MCA portal and checking the “View Company/LLP Master Data” option. The status of the form will be displayed under the “SRN Details” section.
