E-ACTIVE Form available in Website for filing with late Fee: MCA

Differential Voting Rights - MCA Scanner - Taxscan

The Ministry of Corporate Affairs ( MCA ) has informed that the facility to file E-ACTIVE form with late fee is available in the official website.

Last week, the Ministry had temporarily suspended the facility to identify the non-compliant Companies and Directors. Now the tagging is complete and the forms can be filed by the stakeholders with a late fee of rupees ten thousand, the Ministry said in a statement.

“The Tagging of non-compliant Companies/Directors for not filing eForm Active(INC-22A) is complete. The form (ACTIVE) has since been made available for filing purposes. The form can be filed with a fee of INR 10000. Stakeholders may kindly download the latest version for filing purposes,” the Ministry said.

In February, the Ministry of Corporate Affairs had issued Companies (Incorporation) Amendment Rules, 2019 and Companies (Registration offices and Fees) Amendment Rules, 2019 which came into force from 25.04.19 with a view to enable common public to be aware of KYC (Know Your Company) status of the companies and their directors.

In the Rules, it has been mentioned that every company incorporated on or before the 31st December 2017 shall file the particulars of the company and its Registered Office, in E-Form ACTIVE (Active Company Tagging Identities and Verification).

Any company which has not filed its due financial statements under section 137 or due annual returns under section 92 or both with the Registrar shall be restricted from filing e-Form-ACTIVE unless such company is under management dispute and the Registrar has recorded the same on the registrar.

Companies which have been struck off or are under the process of striking off or under liquidation or amalgamated or dissolved, as recorded in the register, shall not be required to file e Form ACTIVE. In case a company does not intimate the said particulars, the Company shall be marked as “ACTlVE-non-compliant” on or after the due date is liable for action under section 12 (9) of the Act.

taxscan-loader