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All about e-form ACTIVE – Company KYC

All about e-form ACTIVE – Company KYC

  1. Introduction

Introduced by the Ministry of Corporate Affairs (MCA) by “Active Company Tagging Identities and Verification” (ACTIVE) Rules on 21st February 2019. Rules came into effect from 25th February, 2019. The hidden agenda as it appears is to identify shell Companies. This compliance is considered as Company KYC.


  1. Applicability

Every Company, incorporated on or before 31st December 2017, is required to file the particulars of the Company and its Registered Office in e-from ACTIVE i.e INC 22A on or before 15th June, 2019 (extended date).                                   

  1. Pre-requisites for filing of e-form INC 22 A – ACTIVE
  • The Company must have filed its Financial Statements and Annual Return in form AOC 4 and MGT 7 upto the Financial Year ended 31st March, 2018.
  • DIR-3-KYC of all Directors of the Company have been filed. If filing of DIR-3-KYC of any of the Directors is pending, the Company cannot file form ACTIVE.
  • If Company required to appoint a wholetime Company Secretary (if paid up capital is Rs. 5 crores or more), ACTIVE will not be filed if CS is not appointed.
  • Form ADT 1 for auditor appointment for F Y 2014-15 has been filed.
  1. Particulars to be furnished in the e-form ACTIVE
  • Registered Office address
  • A photograph of Registered Office showing external building and inside office showing at least one of the Directors of the Company. Photos to be clicked through GPS map camera.
  • Latitude and Longitude of the Registered Office address to be appeared on photograph
  • E-mail id of the Company, which will be verified by OTP.
  • Total number of Directors and their details.
  • Details of Company’s Statutory Auditor
  • Details of Company’s Cost Auditor, if applicable
  • Details of Company Secretary and Chief Financial Officer, if applicable

The e-form ACTIVE needs to be digitally signed by any two directors of the Company and certified by a practicing professional like Practicing Company Secretary (PCS).

  1. Fees

 Till 15th June, 2019, there will be no statutory fees for filing of this form.

  1. Consequences of non-filing of e-form ACTIVE

 No further extension is provided for filing this form beyond 15th June, 2019.

  • Company’s status on MCA portal will be reflected as “ACTIVE non-compliant”.
  • Directors of such ‘ACTIVE non-compliant’ companies shall be marked as ‘Director of ACTIVE non-compliant company’.
    • If e-form ACTIVE is not filed on or before 15th June, 2018, late fees of Rs. 10,000 will be charged.
    • The Company will not be able to file following forms unless e-form ACTIVE is filed:
      1. Form SH 7 – for increase in authorised share capital
      2. Form PAS 3 – for allotment of shares / debentures
      3. Form DIR 12 – for changes in directors
      4. Form INC 22 – Changes in registered office address
      5. Form INC 28 – Any order issued by Regional Director / National Company Law Tribunal