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FILING EFORM “ACTIVE” WITH THE REGISTRAR OF COMPANIES

Ministry of Corporate Affairs vide notification dated 21st February, 2019 has amended
Companies(Incorporation) Rules, 2014 by inserting Rule 25 A which provides that 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 on or before 25th April
2019.

It is to be noted that following companies are not required to file eform ACTIVE:

1. Companies incorporated after 31.12.2017.

2. Strike off or under the process of Strike off Companies.
3. Companies under Liquidation or amalgamated or dissolved companies.

CONDITIONS TO BE SATISFIED BEFORE FILING EFORM ACTIVE:

 Financial statements pursuant to section 137 and Annual returns under

section 92 filed up-to-date upto FY 31.03.2018 (AOC-4 & MGT-7) (If Company is
under Management dispute and ROC recorded it in his Register filing not
compulsory)
 DIN of all Directors to be in “APPROVED” status. (i.e none of the Directors is to
be disqualified and Eform DIR-3 KYC filed)
 In case if the company is coming under the provisions of Section 203 of the
Companies Act, 2013, then appointment of Key managerial personnel (Managing
Director/ whole-time Director/CEO/CFO/Company Secretary) has been
complied.
 Minimum Number of Directors prescribed under the Act is complied.
 Appointed Cost Auditor if mandated for the Company.
 Company filed e-form ADT-1 pertaining to appointment of Statutory Auditor for
the financial year 2018-19, if applicable.

Following documents or details are required while filing E-form ACTIVE

1. Photograph of the registered office of the Company showing external building.

2. Photograph of the inside office of the registered office of the Company with at least
one director /KMP who is affixing the Digital signature in the said form.
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3. email id of Company (AN OTP WILL BE SENT TO THIS EMAIL ID)

4. OTP received in the above mentioned email id

5. LATITUDE AND LONGITUDE of Registered Office

6. Details of Statutory Auditor and Cost Auditor (Name, Membership No. , PAN , Period
of Appointment)

7. SRN OF AOC-4 & MGT-7 (2017-18 FY)

CONSEQUENCES OF NON FILING “ACTIVE” FORM:

The notification specifies that in case a company does not intimate the said particulars
within the stipulated time, i.e within 25th APRIL, 2019, the Company shall be marked
as "ACTlVE-NON COMPLAINT" and in case of continuous default the Registrar may
initiate actions for the removal of the name of the company from the register of
companies as provided in Section 12(9) of the Act.

Consequently, Registrar shall not accept any of the following event based information
or changes filed by such companies marked as "ACTlVE-non-compliant" as mentioned
above:

(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)

GOVERNMENT FEES:

Pursuant to the notification and the provisions of Companies (Registration offices and
Fess Rules), 2014 the fees payable for the filing of E-form Active is as follows:

Till due date 25/04/2019 Nil

After the due date 25/04/2019 Rs. 10,000