The latest in the Government’s drive to identify and knock-out shell companies is e-Form ACTIVE, notified last week by the Ministry of Corporate Affairs. All companies incorporated before 31 Dec 2017 (except for those struck off) shall file particulars of the company and its registered office through this form.

Information to be submitted

The following information should be submitted in e-Form ACTIVE

• Two photos of the registered office,
  • One from outside the premises such that the company name board is visible, and
  • Another from inside the premises with the company board & the director who is authorized to sign this form.
• Location of the office defining particulars of longitude & latitude
• Details of directors, including their Director Identification Number,
• Details of statutory auditors and, where applicable, cost auditors.
• Details of chief executive officers of the company
• Email ID to be updated. An OTP will be sent to this ID
• Acknowledgement number of annual returns filed for FY 2017-2018.

Due date of submission

The form has to be submitted by 25 April 2019.

Consequences of non-filing

In case a Company does not file the active forms, the Company shall be marked as “ACTIVE-non-compliant” on or after 26th April 2019 and shall be liable for action under Companies Act. The status shall change to ‘compliant’ only after payment of fees of Rs. 10,000.

Further, the company will not be able to file crucial forms required, inter alia, for the increase of authorized capital, change in directors and change of registered office.

e-Form ACTIVE disabled in certain cases

The following companies, inter alia, will not be able to file e-Form ACTIVE,

• If the KYC of the Director has not been approved (read this to know more) or if the Director is disqualified to act as such,
• If the company has not appointed Key Managerial Person, including a Company Secretary, where applicable,
• If the financial statements & annual returns for FY 2017-18 have not been filed.

BCL India would be glad to help you keep your company ‘active’.

In case of any questions, please do not hesitate to reach out to us on pavan@bclindia.in or vighnesh@bclindia.in or write to us on bclindia.in/contact/. We would be glad to be of your assistance.