- February 28, 2019
- Posted by: Numbro
- Category: Companies Act
FILING OF FORM INC-22A
|1) Who should mandatorily file form INC – 22A||Companies incorporated on or before 31st Dec 2017 which are under ‘Active’ status as on the date of filing shall file eForm INC-22A.|
|2) What is the due date for filing the Form INC – 22A||25th April 2019|
|3) Which category of Companies are disqualified to file form INC – 22A||The following companies are restricted to file the form: (i) Any company which has not filed its due financial statements or due annual returns or both. (ii) The 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.
iii) The Companies whose paid-up capital is 5 crores or more should mandatory appoint Whole Time Company Secretary, otherwise the form cannot be filed.
|4) Exception to the above disqualifications||Any company which has not filed its due financial statements or due annual returns or both can file the Form provided such company is under management dispute and the Registrar has recorded the same on the register|
|5) Consequences for failure of filing the Form INC – 22A||1) The Company shall be marked as “ACTIVE-non-compliant” on or after 26th April, 2019 and shall be liable for action.
2) 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 –
(i) SH-07 (Change in Authorized Capital);
(ii) PAS-03 (Change in Paid-up Capital);
(iii)DIR-12 (Changes in Director except cessation);
(iv) INC-22 (Change in Registered Office);
(v) INC-28 (Amalgamation, de-merger);
|6) Filing fee before the due date (i.e., before 25th April 2019)||Nil|
|7) Filing fee after the due date (i.e., after 25th April 2019)||In case the company does not file eForm INC-22A within the time limit, filing of e-Form shall be allowed with a fee of Rs. 10,000.|