MCA

INC-20A Filing

File Form INC-20A, the declaration of commencement of business required for new companies.

What's covered

  • Form INC-20A is the declaration of commencement of business that a company files with the Registrar under Section 10A (Sec 10A) of the Companies Act 2013. It applies to every company incorporated after 2 November 2018 that has share capital — private limited, public and Section 8 companies alike. Companies incorporated before that date, and companies that do not have share capital, are exempt from the requirement.
  • The declaration must be filed within 180 days of incorporation. In it the directors confirm that every subscriber to the memorandum has paid the value of the shares agreed to be taken, and the form verifies the company's registered office. Form INC-20A is filed with the company's CIN, signed with a Digital Signature Certificate and certified by a practising chartered accountant, company secretary or cost accountant.
  • Failing to file INC-20A has real consequences: the company cannot commence business or exercise borrowing powers until the declaration is filed, and prolonged default exposes the company to strike-off action by the Registrar. The default also carries a penalty on the company of ₹50,000 and on every officer in default of ₹1,000 for each day of continuing default, up to a maximum of ₹1,00,000. These figures are stated from our benchmark and are confirmed against the current rules before filing.
  • We collect the subscription money into the company's bank account, assemble the bank statement and registered-office proof, and file INC-20A with the required professional certification inside the 180-day window so the company can lawfully begin trading and borrowing.

How we work

  1. 01

    Collect the subscription money

    Ensure every subscriber to the memorandum has paid the agreed value of their shares into the company's bank account, since the declaration in INC-20A confirms that the subscribed capital has been received.

  2. 02

    Assemble the paid-up-capital and office proof

    Obtain the bank statement evidencing receipt of the subscription money as paid-up capital, together with proof of the registered office that the form verifies.

  3. 03

    File INC-20A within 180 days

    File Form INC-20A with the CIN, the supporting evidence and the professional certification within 180 days of incorporation. Until it is filed the company cannot commence business or borrow, and continued default attracts a penalty on the company and its officers, so we file well inside the window.

Documents required

  • Bank statement showing the subscription money received as paid-up capital
  • Proof of the registered office of the company
  • Board resolution authorising the filing of the declaration
  • RBI or sectoral-regulator approval certificate, where the company's activity requires it
  • Professional certification by a practising chartered accountant, company secretary or cost accountant

Applicable laws & forms

  • Companies Act 2013 — Section 10A, requiring the declaration of commencement of business in Form INC-20A within 180 days of incorporation
  • Companies Act 2013 — Section 10A penalty provisions for non-filing, including the bar on commencing business or borrowing and the risk of strike-off
  • Companies (Incorporation) Rules 2014 — prescribe Form INC-20A and the certification requirements

Frequently asked questions