COMPLIANCE and STRICT ENFORCEMENT are the key.. If back doors are open, then everyone will flee..
The
Government of India in its process of promoting startups has digitized the
whole process starting from Incorporation of Company to Winding Up and certain
other compliances in between, but as the number of compliances are increasing
day by day the corporate sector is confused w.r.t the concept of “EASE OF DOING
BUSINESS”,
Here,
we wish to clear this very concept of “EASE OF DOING BUSINESS”, ease of doing
business does not really means ‘Less Compliances’, but it means ‘Easy
Compliances’, if we take examples of various scams that are country is going
through like “Vijay Mallya Scam”, “Modi Scam”, we can see that they
occurred only because of negligence on part of banking system, lenient
verification and checking’s before giving huge amount of loans, and now to
ignore such issues in future would only give birth to more of these scams!!
With
introduction of compliances such as ACTIVE and/or DIR-3KYC, the Ministry is
just making sure that the Company or its Director(s) are real and thus making
it more beneficial for the concerned public because dealing with fake corporate
would only lead you to “SCAMS”,
Moreover
if we go through the forms for ACTIVE filling and/or KYC; it’s evident that the
filling process is much easier, attachments are less and time taken is also
minimized, the forms being on STP mode gets approved in seconds and the best
part being professional certification (to track down the professional in case
of any fraud) on these forms, and ZERO Govt Fees!, so how is this
compliance DIFFICULT?
Let’s
just go through the questions people generally come across for ACTIVE
Compliance:
1.
What
is ACTIVE Compliance ?
It’s basically a Registered Office
verification done to make sure that the company or its directors are not fake,
because this requires the photo of
company premises with one of its director (internal and external).
2.
Which
company required to file ?
Every company that was incorporated on
or before 31st December, 2017
3.
Last
date to file?
25th April, 2019
4.
Effects
of non filling.
You shall be debarred from filing any
other form for your company, and
5.
Practical
Difficulties in filling form ACTIVE.
·
Clicking
of photos with company board at Registered office, one director and latitude and longitude clearly
visible
·
Updated
filings of the company like form ADT-1, Annual Filings and others
·
Receiving
OTP on the registered Email ID
·
DSC
of both two (02) Directors
6.
How
to resolve the photo issue?
· Step
1 Download “Notecam lite" application from Google Playstore or App Store in your mobile phone or request the
client to download the same
·
Step
2 Open the
Application and allow GPS while it ask for
· Step
3 On the Right
side of Photo ,you will get the details of longitude and latitude.
·
Step
4 Click and
Save the Photo
· Step
5 Convert the
photo to PDF and upload the same in the form Inc 22A. ( ACTIVE Form)
· Step
6 Mention in
respective columns the details of latitude and longitude asked in the form
In your android or Iphone, we have to the following
.
·
Step
1 You can check longitude and latitude by clicking info of the photograph.
You can Just click photo by keeping location
on.
Then keep that photo for record.
Another Alternative Method
Please install my location app in the
mobile. Save it and attach to form this shows building n it nearby area
and also longitude and latitude.
Download GPS Camera from play store and
while clicking the photo turn on the GPS and give access of the same to the App
the photo will automatically show you the longitude and latitude
So
we think that the concept of Ease of Doing Business is clear, also make sure to
file the form as soon as possible only limited days left or otherwise bear
heavy penalty of Rs. 10,000
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