1[25A. Active Company Tagging Identities and Verification (ACTIVE)
(1) 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 (Active Company Tagging Identities and Verification) 2[on or before 15.06.2019]
Provided that any company which has not filed its due financial statements under section 137 or due annual returns under section 92 or both with the Registrar shall be restrictedfrom filing e-Form-ACTIVE, unless such company is under management dispute and the Registrar has recorded the same on the register:
Provided further that companies which have been struck off or are under process of striking off or under liquidation or amalgamated or dissolved, as recorded in the register, shall not be required to file e-Form ACTIVE:
Provided also that in case a company does not intimate the said particulars, the Company shall be marked as “ACTIVE-non-compliant” 3[on or after16th June, 2019] and shall be liable for action under sub-section (9) of section 12 of the Act:
Provided also that no request for recording the following event based information or changes shall be accepted by the Registrar from such companies marked as “ACTIVE-non-compliant”, unless “ e-Form ACTIVE” is filed -
(i) SH-07 (Change in Authorized Capital);
(ii) PAS-03 (Change in Paid-up Capital);
5[(iii) DIR-12 (changes in Director except in case of :
(a) cessation of any director or
(b) appointment of directors in such company where the total number of directors are less than the minimum number provided in clause (a) of sub-section (1) of section 149 on account of disqualification of all or any of the director under section 164.
(c) appointment of any director in such company where DINs of all or any its director(s) have been deactivated.
(d) appointment of director(s) for implementation of the order passed by the Court or Tribunal or Appellate Tribunal under the provisions of this Act or under the Insolvency and Bankruptcy Code, 2016).]
(iv) INC-22 (Change in Registered Office);
(v) INC-28 (Amalgamation, de-merger)
(2) Where a company files “e-Form ACTIVE”, 4[on or after 16th June, 2019], the company shall be marked as “ACTIVE Compliant”, on payment of fee of ten thousand rupees.]
Amendments
1. Inserted by the Companies (Incorporation) Amendment Rules, 2019 dated 21.02.2019 Amendment is Effective from 25.02.2019
2. Substituted by the Companies (Incorporation) Fourth Amendment Rules, 2019 dated 25.04.2019
in sub-rule (1) for the words and figures,
on or before 25.04.2019
the following words shall be substituted namely
"on or before 15.06.2019"
3.Substituted by the Companies (Incorporation) Fourth Amendment Rules, 2019 dated 25.04.2019
in sub-rule (1),in third proviso for the words and figures,
on or after 26th April 2019
the following words shall be substituted namely
"on or after16th June 2019"
4.Substituted by the Companies (Incorporation) Fourth Amendment Rules, 2019 dated 25.04.2019
in sub-rule (2), for the words and figures,
on or after 26th April 2019
the following words shall be substituted namely
"on or after 16th June 2019"
5. Substituted by Companies (Incorporation) Eighth Amendment Rules, 2019. Dated 16th October, 2019
in sub-rule (1), in the fourth proviso, for the item (iii),
(iii) DIR-12 (Changes in Director except cessation)
the following shll be substituted namely;
5[(iii) DIR-12 (changes in Director except in case of :
(a) cessation of any director or
(b) appointment of directors in such company where the total number of directors are less than the minimum number provided in clause (a) of sub-section (1) of section 149 on account of disqualification of all or any of the director under section 164.
(c) appointment of any director in such company where DINs of all or any its director(s) have been deactivated.
(d) appointment of director(s) for implementation of the order passed by the Court or Tribunal or Appellate Tribunal under the provisions of this Act or under the Insolvency and Bankruptcy Code, 2016).]
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