Fling requirements by Companies that Filed Application for Closure

The general assumption is that a Company that has filed application for closure as a defunct company is not required to file any compliance filings such as Annual Accounts and Annual Return with the Ministry of Corporate Affairs.

However, the status of the Company on MCA records will be ‘Active’ until the Registrar of Companies (ROC) office formally approves the application for closure. 

Processing of application for closure by ROC office generally takes 6-9 months and the office of ROC may ask for queries or clarifications before approval of application.

The recent changes in Companies Act and related compliance flings are applicable to all companies that are Active in MCA records. 

Continuing Compliance by   Companies that Filed Application for Closure

Director Identification Number – DIN-KYC

Every person who is having a DIN allotted by MCA has file the KYC with the MCA every year.  For the year 2018-19, the KYC has to be filed by 30th April 2019.

KYC filing is required by all the DIN holders irrespective of the fact that whether the company is active or closed or the person is a director of a company or not.

Form 22-A Filing (E-Form ACTIVE) Active Company Tagging Identities and Verification

Active Company Tagging - Identities and Verification is a new compliance filing required by all companies incorporated on or before 31st December 2017. Every Company registered on or before 31st December 2017 is required file this form before 25th April 2019

The Form 22A can be filed by the Company only after filing the  KYC of all the directors.

Filing of DIN KYC and Form 22A by a Company filed Application for Closure of Company.

Closure of Company will be completed only after the approval of application by the office of ROC. The status of company will be ‘Active’ in MCA records till the approval of application.

So, all the companies where the application for closure pending for approval shall have to file the DIN KYC for all the Directors and Form 22 A within the timeline. Otherwise the Directors and Company shall be liable for penalties as per the respective guidelines.

KYC Updation and DSC Validity till Formal Closure

The DIN KYC for Directors have to be updated and Digital Signatures Certificate have to be renewed till the formal closure of Company  to address the compliances and to resubmit the forms, if it comes for resubmission.