The Institute of Chartered Accountants of India ( ICAI ) has issued an advisory regarding the filing of E-Active Form with the Ministry of Corporate Affairs (MCA).
Last week, the Ministry of Corporate Affairs had issued Companies (Incorporation) Amendment Rules, 2019 and Companies (Registration offices and Fees) Amendment Rules, 2019 which shall come 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 EForm ACTIVE (Active Company Tagging Identities and Verification) on or before 25.04.19.
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 26th April 2019 and shall be liable for action under section 12 (9) of the Act.
“The members who are associated with the companies are requested to bring it to the notice of the companies to file the details within the stipulated time,” the ICAI said.