Ministry of Corporate affairs vide its notification dated 21st Feb. 2019 effective from 25th Feb. 2019, has come up with a new requirement of filing of Form ACTIVE (Active Company Tagging Identities and Verification) for filing the particulars of the Company and its registered office as per the following details-
Mandatory for – all the companies incorporated on or before 31st December, 2017
Last date to file the form- On or before 25th April, 2019
Restrictions/ Exemptions on following Companies–
- Companies who has not filed its due Financial Statements as per Section 137 and the Annual Returns due as per Section 92 or both (unless such company is under management dispute and the Registrar of Companies (ROC) has recorded the same.) These companies shall first file the Financial Statements and Annual Returns and then file Form ACTIVE.
- Companies which have been struck off or are under process of striking off or under liquidation or amalgamated or dissolved, as recorded with the ROC. These Companies are not required to file this Form.
- Companies where DIN of any Director is “Disqualified u/s 164(2)” or “Deactivated due to non filing of DIR-3 KYC”
Fees for filing of Form ACTIVE-
- Till 25th April, 2019 – Nil
- On or after 26th April, 2019- Rs. 10,000
Mandatory attachments with Form ACTIVE-
- Photograph of Registered office showing external building and inside office also showing therein atleast one Director/ KMP who has affixed his/her Digital Signature.
Consequences of not filing Form ACTIVE-
- The Company will be marked as “ACTlVE-non-compliant” on or after 26th April, 2019 and shall be liable for action for removal of names by ROC
- The Company will not be able to file following event based information or change Form with ROC
- SH-07 (Change in Authorized Capital);
- PAS-03 (Change in Paid-up Capital);
- DIR- 12 (Changes in Director except cessation);
- INC-22 (Change in Registered Office);
- INC-28 (Amalgamation, De-merger)
- For filing of Form ACTIVE on or after 26th April, 2019 a fees of Rs. 10,000 will be paid.
The Complete notification alongwith format of Form ACTIVE can be referred from the link below:-