Nataasha Dalvi was appointed as a Director of a Company imparting online education. She checked the MCA website to know the status of the Company and found that Company name is marked as 'ACTIVE - non-compliant'. Explain
CS Executive · Setting up of Business Entities and Closure · PYQS · June 2021
Nataasha Dalvi was appointed as a Director of a Company imparting online education. She checked the MCA website to know the status of the Company and found that Company name is marked as 'ACTIVE - non-compliant'. Explain to her reasoning for such status and also brief her what types of Forms cannot be filed when Company is in 'ACITIVE - non-compliant' status.
Answer & Explanation:
Rule 25A of the Companies (Incorporation) Rules, 2014 deals with the provision related to Active Company Tagging Identities and Verification (ACTIVE) which states that: Every company incorporated on or before 31st December, 2017 was required to file the particulars of the company and its registered office, in e-form INC-22A-ACTIVE (Active Company Tagging Identities and Verification) on or before 15th June, 2019. In case a company does not intimate, the said particulars, the Company was marked as "ACTIVE-non-compliant" on or after 16th June, 2019 and shall be liable for action under Section 12(9) of the Companies Act, 2013. Where a company files "e-Form ACTIVE", on or after 16th June, 2019, the company shall be marked as "ACTIVE Compliant", on payment of fee of ₹10000. Further, no request for recording the following event based information or changes is accepted by the Registrar of Companies from such companies who are marked as "ACTIVE-non-compliant", unless "e-Form ACTIVE" is filed, namely:- SH-07 (Change in Authorized Capital); PAS-03 (Change in Paid-up Capital); DIR-12 (Changes in Director except in case of: cessation of any director or appointment of directors in such company where the total number of directors are less than the minimum number provided in clause (a) of section 149(1) of the Companies Act, 2013 on account of disqualification of all or any of the director under section 164. appointment of any director in such company where DINs of all or any its director(s) have been deactivated. appointment of director(s) for implementation of the order passed by the Court or Tribunal or Appellate Tribunal under the provisions of the Companies Act, 2013 or under the Insolvency and Bankruptcy Code, 2016). INC-22 (Change in Registered Office); INC-28 (Amalgamation, de-merger).
Topics: Company Law
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