As per Notification dated 21.02.2019, the Government has amended Companies (Incorporation) Rules 2014. These Rules shall be called “Companies (Incorporation) Rules 2019”. It has came into effect from 25.02.2019. For this you may refer Section 12(9) and Section 469(1) and (2) of Companies Act 2013.
In the said Rules, after form INC-22 , the e-form ACTIVE has been inserted.
ACTIVE – Active Company Tagging Identities and Verification
The company which was incorporated on or before 31.12.2017 is required to file e-form ACTIVE with the Registrar of Companies (RoC) . The due date of filing is 25.04.2019 15th June, 2019 (Due Date Extension) .
The company needs to provide following information in ACTIVe form
1. Latitude and Longitude of the location where the Registered Office of the Company is situated – you can use an Google Maps/any other app to determine this.
2. Photograph of Registered Office showing the external building
3. Photograph of the premises inside the Registered Office clearly showing one Director (mandatorily the one whose DSC is being affixed) sitting in the office.
4. Digital Signature Certificate of two directors shall be attached to e-form ACTIVE.
The e-form ACTIVE requires certification from any professional -Practising Chartered Accountant (CA) or Practising Company Secretary (CS) or Practising Cost and Works Accountant (CWA).
Following companies are not required to file e-form ACTIVE to RoC.
1.Companies which have been struck off
2.Companies which are under process of striking off
3.Company under liquidation
4.Company under amalgamation or dissolved.
If the company fails to file e-form ACTIVE on or before 25.04.2019 15th June,2019, then it shall be marked as “Active Non-compliant” on or after 16.06.2019 and shall be liable to pay Rs. 10000 penalty to the Government.
Also such companies (Active Non-Compliant) cannot file following e-forms with RoC unless e-form Active shall be filed.
a. SH-07 (Change in Authorised Capital)
b. PAS-3 (Change in Paid up capital)
c. DIR-12 ( Changes in Director except cessation)
d. INC-22 (Change in Registered office)
e. INC-28 (Amalgamation, demerger)
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Hi
Incase the registered office is residence address of Director ,can we show the photos of residence as registered address as there is no office setup?
Photos of registered address of company (inside and outside) are required for filing e-form ACTIVE ( i.e. INC-22A). So if residence address is registered office, photos of that place would require. You can otherwise shift the registered office to any commercial place and then file ACTIVE form. This is general opinion.