MCA vide Notification No- G.S.R. 368 (E) on Thursday, 16th May, 2019 has issued Companies (Appointment and Qualification of Directors) Second Amendment Rules, 2019 to amend the Companies (Appointment and Qualification of Directors) Rules, 2014 wherein; after rule 12A, rule 12B – Directors of company required to file e-form ACTIVE shall be inserted which states that:
- Where a company governed by Rule 25A of the Companies (Incorporation) Rules, 2014, fails to file the e-form ACTIVE within the period specified therein, the Director Identification Number (DIN) allotted to its existing directors, shall be marked as “Director of ACTIVE non-compliant company”.
- Where the DIN of a director has been marked as “Director of ACTIVE non-compliant company”, such director shall take all necessary steps to ensure that all companies governed by rule 25A of the Companies (Incorporation) Rules, 2014, where such director has been so appointed, file e-form ACTIVE.
- After all the companies referred to in sub-rule (2) file the e-form ACTIVE, the DIN of such director shall be marked as “Director of ACTIVE compliant company”
The said Notification can be accessed through the following link:MCANotf339E_30042019_Appoint & Qualfn of Dir Amend Rules 2019