By a notification dated May 16, 2019, the Ministry of Corporate Affairs has notified the Companies (Appointment and Qualification of Directors) 2nd Amendment Rules, 2019 (“Amendment Rules”) to amend the Companies (Appointment and Qualification of Directors) Rules, 2014 (“Principal Rules”). The Amendment Rules have inserted Rule 12B to the Principal Rules which provides for the following: 

1. In case 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”. 
2. Upon the classification of the DIN of a director as a “Director of ACTIVE non-compliant company”, the concerned director is required take all the 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. Once the e-form has been filed in respect of all of such above-mentioned companies, the DIN of the director shall be marked as “Director of ACTIVE compliant company”. 

The Amendment Rules have come into force on the date of their publication in the Official Gazette.