Y Ltd. was incorporated in 2012. Earlier, you as a Company Secretary has informed the Board of directors that there is non-compliance in filing ACTIVE form. The Board is now seeking your advice regarding consequences on

CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · December 2020
Y Ltd. was incorporated in 2012. Earlier, you as a Company Secretary has informed the Board of directors that there is non-compliance in filing ACTIVE form. The Board is now seeking your advice regarding consequences on the company of non-filing it. Give your advise.

Answer & Explanation:

Rule 25A of the Companies (Incorporation) Rules, 2014 states following regarding Active Company Tagging Identities and Verification (ACTIVE) (INC-22A): 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) on or before 15th June 2019. Provided also that in case a company does not intimate the said particulars, the Company shall be marked as "ACTIVE-non-compliant" on or after 16th July, 2019 and shall be liable for action under sub-section (9) of Section 12 of the Companies Act, 2013: Provided also that no request for recording the following event based information or changes shall be accepted by the Registrar from such companies marked as "ACTIVE-non compliant", unless "e-Form ACTIVE" is filed: 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 sub-section (1) of Section 149 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 this Act or under the Insolvency and Bankruptcy Code, 2016). INC-22 (Change in Registered Office); INC-28 (Amalgamation, de-merger). 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 ten thousand rupees.

Topics: Company Law

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