DIN of directors to show e-form ACTIVE non-compliances for failure to file the Form INC 22A

In an endeavors to check shell companies, the Ministry of Corporate Affairs had brought out an electronic form, ACTIVE (Active Company Tagging Identities and Verification) (‘Form INC-22A’) through Rule 25A of the Companies (Incorporation) Rules, 2014 inserted by the Companies (Incorporation) Amendment Rules, 2019. According to Rule 25A, each company incorporated on or before December 31, 2017 (subject to a couple of special cases, for example, companies which are being struck off) is required to file Form INC-22A by June 15, 2019.

Now, the Ministry of Corporate Affairs has issued a notification on 16 May 2019 stating that in case of any failure to file Form INC 22A, the Director Identification Number (‘DIN’), allotted to the existing directors of the company, shall be marked as “Director of ACTIVE non-compliant company.”

The DIN of such a Director shall be marked “Director of ACTIVE compliant company” only after all the companies in which such director is holding directorships has filed the e-form ACTIVE.   

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