The Ministry of Corporate Affairs is time and again coming up with so many circulars with an opportunity to the companies to ensure the fresh start. In this regard one more opportunity has been given to the Directors or promoters to make the company from Active Non-compliant to Active compliant company.

 Applicability of ACTIVE:  The Active form is applicable on every Company incorporated on or before the 31st December, 2017 shall file the particulars of the Company and its registered office, in ACTIVE. However, following companies are exempted for filing eForm ACTIVE:

(a)Companies which have been struck off

(b)Companies under process of striking off

(c)Companies under liquidation

(d)Companies which are amalgamated or dissolved

Consequences of Non-Filling of ACTIVE:  In case ACTIVE is not filed, the compliance status for such companies shall be ‘ACTIVE Non-compliant’ and also liable for action under section 12(9) of the Act and such Companies shall not be eligible to file the following forms:

• SH-07 (Change in Authorized Capital)

• PAS-03 (Change in Paid-up Capital)

• DIR-12 (Changes in Director except for cessation)

• INC-22 (Change in Registered Office)

• INC-28 (Amalgamation, de-merger)

The Non filling could lead to give your company” Active Non- compliant” status and the department has vide the circular allowed the companies to file the ACTIVE form till 30.09.2020 without any additional fees.

03 Apr

Prem Singh

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