Filing INC 22A ACTIVE Form for Company's Address Validation

The Ministry of Corporate Affairs has introduced the E- Form INC-22A for the address validation of companies registered under the Indian Companies Act of 2013. This e-form filing is binding on all the registered companies in India. The Companies incorporated on or before December 31, 2017, must file the required details of the registered office. The due date for INC e-form 22A was June 15, but it was extended from April 29.

The purpose of filing the INC E-Form is to ensure that the companies file their details accurately for proper check procedures and to prevent shell company creation in the upcoming years.

Eligibility Criteria for filing the INC 22A ACTIVE Form in India

Every registered Company is not eligible to file the INC 22A Form. The Company must fulfill certain pre-conditions for filing the requisite Form. Let us discuss them one by one.

Companies exempted from e-form filing INC 22A

Companies incorporated on or before December 31 must file their required particulars on or before April 25 with the RoC, i.e., the Registrar of Companies. However, certain companies are exempted from filing such a form, such as:

• Companies incorporated on and after the beginning of the year 2018
• Companies removed or are in the process of removal from the RoC
• Dissolved Companies
• Amalgamated Companies
• Post-Liquidation Companies

In case of non-filing its financial statements/annual returns with the Registrar, the Company is restricted from filing the INC 22A form. Companies must file all their requisite compliances on time, such as Financial Statements and Annual Returns.

Scenarios in which a Company cannot file Form INC-22A

In the following scenarios, the registered and eligible companies must not file their e-form INC 22A:

• The DIN of any one of the directors is not activated from filing Form DIR-3 KYC
• Disqualified Directors under Section 167
• Pending Annual Returns Filing
• CS for the Company is not appointed after the paid-up capital is raised to or more than five crores
• Non-appointment of the KMP or the Auditor as per the Company's requirement

Every eligible Company must get rid of its pre-mentioned non-compliance by filing the requisite forms, completing the pending filings, appointing auditors, etc.

Documents required for filing INC 22A ACTIVE Form in India

Every eligible Company must attach the following documents for the E-filing of the INC Form-22A:

• Details of the Company Office Address, such as its Latitude & Longitude
• E-mail ID of the Company
• Directors' detail, such as their e-mail ID & DIN
• Details of the Statutory & Cost Auditor
• Service Request Number of the following Annual Compliance E-Forms:
  • Form AOC-4
  • Form MGT-7
  • Form MGT-14
• Key Managerial Persons' details
• Challan for companies with more than 15 Directors on their Board
• Digitally Signature (DSC) of one Director; two in case of Non-OPC Companies
• Form ADT-1 for Statutory Auditor Appointment
• Photograph of the office premise showing the following:
  • One or more Director(s)
  • DSC of the Director on the Form
  • Photograph of the External Building showing company name & registered address on the plaque
  • Photograph of Office signboard outside premise building showing the Company's name in English as well as Vernaculars

Process for filing the INC 22A ACTIVE Form in India

INC 22A ACTIVE E-Form Process

Every registered and eligible Company can file for the INC 22A ACTIVE E-Form Process as per the following procedure:

1. The applicant must download form ADT-1 from the MCA site. Then he must fill up the required company details.

• Enter your CIN number in the Form
• Enter details of the Statutory as well as Cost Auditor appointments in the Form
• Enter details of the Managing Director  as well as the CFO, such as:
  • DIN
  • PAN
  • Name
  • Designation
• Enter details of the company secretary, such as:
  • PAN
  • Name
  • Membership Number
  • Enter details of other essential forms such as:
  • AOC-4
  • AOC-4 XBRL
  • MGT-7

2. The INC 22A ACTIVE E-Form process applicant must attach the required declarations as well as verification with the necessary documents.

3. Also, The INC 22A ACTIVE E-Form process applicant must attach the photographs of the Company Premises in the stipulated format.

4. Sign the e-form with Director's DSCs (Digital Signature Certificate).

5. The INC 22A ACTIVE E-Form process applicant must check the E-Form before uploading it to the MCA portal.

6. Lastly, Visit the MCA website and Upload your e-form after logging in to your registered account.

What happens when eligible Companies don't file Form INC-22A?

If an eligible company does not file the INC-22A e-form, then the MCA will not be accepting the other essential incorporations forms from the Company, such as:

• Form SH-07  for change in Authorized Capital of the Company
• Form PAS-03 for change in Paid-up Capital of the Company
• Form DIR-12 for changes in Directorship in the Company
• Form INC-22 for change in Registered Office of the Company
• Form INC-28 for amalgamation or de-merger of the Company

Our Assistance in filing the INC 22A ACTIVE Form in India

Registrationwala provides end-to-end solutions for filing ACTIVE e-form INC-22A. Our services include:

• Collection of Information
• Starting the filing procedure
• Creating the first compliance draft
• Reviewing the draft
• Making changes in the draft
• Providing the client with a confirmation receipt of successful form reception

Registrationwala is a leading Legal Consultancy Firm providing comprehensive services relating to INC-22A ACTIVE Form Filing. You can now connect with our Incorporation Experts to further know the INC-22 form applicability and INC 22A due date.

Contact us now to inform the MCA that you're, in fact, active.