Ray, the Independent Director of a company has brought to the notice of the Board that the company is mandatorily required to file E-Form ACTIVE. As the Company Secretary of the company, you are required to highlight the
CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · December 2019
Ray, the Independent Director of a company has brought to the notice of the Board that the company is mandatorily required to file E-Form ACTIVE. As the Company Secretary of the company, you are required to highlight the relevant provisions and consequences of not filing the E-Form ACTIVE within the stipulated time.
Answer & Explanation:
Active Company Tagging Identities and Verification (ACTIVE) As per Rule 25A of Companies (Incorporation) Rules, 2014, every company incorporated on or before 31st December, 2017 shall file the particular of the company and its registered office in E-form ACTIVE (Active Company Tagging Identities and Verification) on or before 15th June, 2019. Provided that any company which has not filed its due financial statements under section 137 or annual return under Section 92 or both of Companies Act, 2013 with the Registrar shall be restricted from filling E- from ACTIVE, unless such company is under management dispute and the Registrar has recorded the same on the register. Provided further that companies which have been struck off or are under 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. The consequences of not filing E-from ACTIVE within the stipulated period are enumerated below: In case a company does not intimate the prescribed particulars to the Registrar in E-Form ACTIVE, the company shall be marked as "ACTIVE -non-complaint" on or after 16th June, 2019 and shall he liable for action under sub-section (9) of section 12 of the Companies Act, 2013. Provide also that no request for recording for the following event based information or change shall be accepted by the Registrar from such companies marked as "ACTIVE-NON-COMPLIANT", unless the E-from ACTIVE is filled. Company could not file following event based e-Forms such as SH-07 (Change in Authorized Capital) PAS-03 (Change in Paid-up Capital) DIR-12 (Change in Directorship except cessation) INC-22 (Change in Registered office) INC-28 (Amalgamation, de-merger) It is to be noted that where a company files E-from Active on or after 16th June 2019, the company shall be marked as "ACTIVE Complaint ", on payment of fee of Rupees Ten Thousand. DIR-12, Change in Directorship except in case of: Cessation of any Director or Appointment of Director when the total number of directors have fallen below 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 of Companies Act, 2013. Appointment of any director in such company where DINs of all or any it's director(s) have been deactivated. Appointment of director(s) for implementation of order passed by Court or Tribunal or Appellate Tribunal under provisions of Companies Act, 2013 or Insolvency and Bankruptcy Code, 2016.
Topics: Compliance Management
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