Company
Web-Based eForm INC-22A (ACTIVE) on MCA Portal
Keeping company records updated with the Ministry of Corporate Affairs is a basic compliance requirement.
8 min read
File INC-22A (ACTIVE)
A company that never filed form ACTIVE is tagged ACTIVE non-compliant, and five ordinary MCA filings are blocked until it does. It can still be filed, with the prescribed late fee.
- Clears an ACTIVE non-compliant tag from the company master data
- Unblocks changes to capital, directors, registered office and amalgamation
- The photographs, geotag and SRN prerequisites checked before filing
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- Certified and filed by a practising professional
- Your updated company master data shared once it is through
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What form INC-22A is
A one time verification of a company’s registered office and its officers, and today mostly a tag to be cleared.
Form INC-22A, known as ACTIVE for Active Company Tagging Identities and Verification, was introduced with effect from 25 February 2019 by inserting rule 25A into the Companies (Incorporation) Rules, 2014. Every company incorporated on or before 31 December 2017 and holding active status had to file it. The last date was originally 25 April 2019 and was later extended to 15 June 2019.
What the form does is verify that a company is where it says it is. It carries a photograph of the outside of the registered office showing the company’s name board, a photograph from inside it with a director present, the latitude and longitude of the address, and the filing references for the auditor’s appointment and the last annual filings.
A company that did not file is marked ACTIVE non-compliant on the MCA portal, and the directors associated with it are marked as directors of an ACTIVE non-compliant company. That tag does not expire. It is cleared by filing the form with the prescribed fee of ₹10,000, which is what most companies reaching this page now need.
- Who had to file
- Companies incorporated up to 31 December 2017
- And holding active status at the time
- Last date
- 15 June 2019
- Extended from 25 April 2019 by amendment
- Government fee
- Nil
- If it was filed by the last date
- Fee to file now
- ₹10,000
- Fixed, and it does not accrue daily
- If it is not filed
- Five filings stay blocked
- Capital, directors, office and amalgamation
- Signed by
- Two directors
- Or the sole director of a one person company
- Turnaround
- 2 working days
- Subject to government processing time
Why companies file through LegalWiz.in
- The prerequisites checked before you pay anything, so the form is not rejected
- A dedicated relationship manager on the filing
- Prepared, certified and filed by practising professionals
- Your updated company master data shared once the tag is cleared
- The blocked filing you originally came for handled straight afterwards
What the service covers
The form, and the sequence of things that have to already be true before it will go through.
- A check that the auditor appointment and the annual filings are on record
- Guidance on the photographs and the geotag the form requires
- Collection of the officer and auditor details the form asks for
- Preparation of form INC-22A with its attachments
- Certification by a practising professional and online filing
- The updated company master data shared with you
Where the auditor has not been appointed or the annual filings are outstanding, those have to be completed first. The form will not accept a company without their filing references.
What has to be done first
The auditor must be appointed
The form asks for the filing reference of Form ADT-1. Where no auditor has been appointed, that is done first, with whatever additional fee applies.
The annual filings must be up to date
It also asks for the references for AOC-4 and MGT-7. A company behind on its annual compliance cannot file this form until it has caught up.
Every signing director needs an active DIN
A director whose DIN has been deactivated for a missed KYC cannot sign, so that filing comes first too.
What an ACTIVE non-compliant tag blocks
Five ordinary filings. Most companies discover the tag because one of these was refused.
Changing the authorised capital
Form SH-7 cannot be filed, so the authorised share capital cannot be increased. A funding round that needs headroom stops here.
Changing the paid up capital
Form PAS-3 cannot be filed either, so shares cannot be allotted and the paid up capital cannot move.
Changing the directors
No change in directorship can be recorded, with one exception: a director can still cease. So people can leave the board and nobody can join it.
Changing the registered office
Form INC-22 cannot be filed, so the registered office address cannot be changed. A company that has actually moved cannot say so.
Amalgamation, demerger and closure
Form INC-28 cannot be filed, so an amalgamation or a demerger cannot proceed, and the company cannot apply for fast track exit or dissolution.
Customer reviews
What our clients say
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What we need to file form INC-22A
The photographs are the part people underestimate. Both have to show specific things.
Certificate of incorporation
The company’s certificate of incorporation.
Photograph of the outside of the office
The external building of the registered office, showing the name board with the company name, the registered address and the GST number, in English and in the local language.
Photograph from inside the office
Taken inside the registered office with at least one director present, and it must be a director whose digital signature is affixed to the form.
Latitude and longitude
The geographic coordinates of the registered office.
Company email address
For verification by one time password during the filing.
Auditor appointment reference
The service request number of the form filed for the appointment of the statutory auditor.
Annual filing references
The service request numbers of AOC-4 and MGT-7 for the last completed financial year.
Digital signatures and officer details
DSCs of two directors, or of the sole director of a one person company, with the details of any managing director, chief executive, manager, whole time director, company secretary or cost auditor.
Clear the tag in three steps
Step 01
Answer a few quick questions
- Spend less than 10 minutes on a short online questionnaire
- Share the basic details and the photographs
- Pay through a secure payment gateway
Step 02
Our experts take over
- You are assigned a dedicated relationship manager
- The prerequisites are checked before the form is drafted
- The application is prepared with the required information
- It is certified by a practising professional and filed online
Step 03
Your company is active
- The whole process takes 2 working days
- Your updated company master data is shared with you
Subject to government processing time.
How long the filing takes
Two working days from the day your information reaches us.
Day 1
1 of 2 working days
- Collection of the basic information
- Collection of the photographs, coordinates and filing references
Day 2
1 of 2 working days
- Preparation of the online form
- Drafting of the application with the required information
- Online filing with professional certification
- The company’s master data shared with you
Subject to government processing time.
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Which companies had to file form INC-22A?
Every company incorporated on or before 31 December 2017 that held active status.
The last date was 25 April 2019, later extended to 15 June 2019. A company that has still not filed remains liable to do so.
Can it still be filed now?
Yes. There is no window that closes on it. The form is filed with the prescribed fee of ₹10,000, and the ACTIVE non-compliant tag is cleared on the company master data.
The fee is fixed. It does not accrue daily the way a late annual filing does, so a company that has carried the tag for years pays the same as one that missed it by a month.
What is the government fee?
Nothing, for a company that filed by the last date.
For a filing made after it, ₹10,000.
Do LLPs have to file this form?
No. It applies only to companies incorporated on or before 31 December 2017.
Does a one person company have to file it?
Yes. A one person company is a company and is covered, subject to the incorporation date.
The form is otherwise signed by two directors; a one person company files it under the signature of its sole director.
Which companies are exempt?
Companies that have been struck off or are in the process of being struck off, companies under amalgamation, and companies that have been dissolved or are in the process of dissolution.
What has to be on the name board in the photograph?
The company’s name, the registered office address and the GST number.
It has to appear in English and in a regional language, which is a requirement of the Companies Act rather than of this form.
We have not appointed an auditor. Can we still file?
No. The form asks for the filing reference of the auditor’s appointment, so the auditor is appointed first, with whatever additional fee applies, and this form follows.
Our annual filings are outstanding. Does that matter?
Yes. The form asks for the filing references of AOC-4 and MGT-7, so the annual compliance has to be completed first.
That is often the larger job of the two, and it is worth finding out before starting.
One of our directors has a deactivated DIN. Can they sign?
No. A director whose DIN has been deactivated for a missed KYC cannot file or sign anything against it until it is reactivated.
That KYC has to be completed before this form can be signed.
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