Quick Answer
INC-22A Filing India is a mandatory compliance requirement under the Companies Act, 2013 for companies that have been dormant or inactive. This form, also known as Active Company Tagging Identified (ACT), must be filed with the Ministry of Corporate Affairs (MCA) to confirm that the company is carrying on business or has a valid reason for dormancy.
INC-22A Filing — detailed explanation below
Governing Act — INC-22A Filing India
INC-22A Filing India is governed by the Companies Act, 2013, specifically under Section 10A (commencement of business) and Rule 25A of the Companies (Incorporation) Rules, 2014. The Ministry of Corporate Affairs (MCA) mandates this filing to identify active companies and weed out shell entities. The form is part of the government's initiative to maintain a clean corporate registry.
Government Department & Website for INC-22A Filing India
The Ministry of Corporate Affairs (MCA) is the governing body for INC-22A Filing India. All filings are done through the MCA21 portal at www.mca.gov.in. The form is filed under the Active Company Tagging Identified (ACT) scheme. Companies must use their registered digital signature certificate (DSC) and director identification number (DIN) to file.
INC-22A Filing India Application Process
The process for INC-22A Filing India involves the following steps:
- Login to the MCA21 portal using the company's credentials.
- Select e-Form INC-22A under the 'Active Company Tagging Identified' category.
- Fill in company details such as CIN, registered office address, and business activity status.
- Attach required documents (see Key Forms section).
- Certify the form by a director or company secretary.
- Pay the prescribed fee (see Fees section).
- Submit the form and receive a Service Request Number (SRN) for tracking.
Key Forms Required for INC-22A Filing India
The primary form is e-Form INC-22A. Supporting documents include:
- Board resolution authorizing the filing.
- Certificate from the auditor or company secretary confirming the company's status.
- Proof of registered office (utility bill or rent agreement).
- List of directors and their DINs.
- Financial statements (if applicable) to show business activity.
Eligibility Criteria for INC-22A Filing India
INC-22A Filing India is mandatory for all companies incorporated under the Companies Act, 2013, except:
- Companies that have filed Form INC-20A (declaration of commencement of business) within 180 days of incorporation.
- Companies that have filed annual returns and financial statements for the current financial year.
- Companies that are struck off or under liquidation. Companies that have not commenced business or have been inactive for more than one year must file INC-22A to avoid strike-off.
Timeline for INC-22A Filing India
The timeline for INC-22A Filing India depends on the company's status. The MCA typically processes the form within 15-30 days after submission. However, no specific timeline can be guaranteed as it varies based on the accuracy of information and MCA workload. Companies should file as soon as possible to avoid penalties.
Fees for INC-22A Filing India
The government-prescribed fee for INC-22A Filing India is as follows:
| Company Type | Fee (INR) |
|---|---|
| Companies with authorized capital up to ₹10 lakh | ₹200 |
| Companies with authorized capital above ₹10 lakh but up to ₹50 lakh | ₹300 |
| Companies with authorized capital above ₹50 lakh but up to ₹1 crore | ₹500 |
| Companies with authorized capital above ₹1 crore | ₹1,000 |
Additional late fees may apply if the form is filed after the due date.
Frequently Asked Questions
What is INC-22A Filing India?
INC-22A Filing India is a mandatory e-form under the Companies Act, 2013, also known as Active Company Tagging Identified (ACT). It must be filed by dormant or inactive companies to confirm their business status and avoid strike-off by the MCA.
Who needs to file INC-22A Filing India?
All companies incorporated under the Companies Act, 2013 that have not filed Form INC-20A (commencement of business) or have not filed annual returns for the current financial year must file INC-22A Filing India. Exemptions apply to companies that have already filed annual returns or are under liquidation.
What is the penalty for not filing INC-22A Filing India?
Failure to file INC-22A Filing India can result in the company being marked as 'active' but non-compliant, leading to late fees and potential strike-off from the MCA register. The company may also face restrictions on filing other forms.
What documents are required for INC-22A Filing India?
Key documents include a board resolution, auditor's certificate, proof of registered office, list of directors, and financial statements (if applicable). All documents must be uploaded in PDF format on the MCA portal.
How long does INC-22A Filing India take?
The MCA typically processes INC-22A Filing India within 15-30 days after submission. However, the timeline depends on the accuracy of information and MCA workload. No fixed timeline can be guaranteed.
Can I file INC-22A Filing India myself?
Yes, you can file INC-22A Filing India yourself using the MCA21 portal with a valid DSC and DIN. However, it is advisable to consult a professional to ensure compliance and avoid errors.
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