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Form INC 20A : Declaration of Commencement of Business

Written By Gautham Krishna | Published on April 20, 2021

Form INC 20A: Declaration for the Commencement of Business is the declaration that the Director of the Company needs to file with the Registrar of Companies. This declaration is filed in Form INC-20A within 180 days of the incorporation of the Company.

Who should fill Form INC 20A ?

All the companies incorporated on or after 02/11/2018
Companies having a share capital to file form 20A

Documents Required for Form INC 20A

Subscribers Proof of payment for value of shares

Certificate of Registration issued by RBI or other Regulators (in case the company is regulated by a sectoral regulator)

Other Attachments, if any

Where to get Form INC 20A ?

Form INC 20A is available on the MCA portal.

How to apply for Form INC 20A ?

Follow the below steps to apply for Form INC 20A.

Visit the MCA Portal.
Click on MCA Services. Select Company Forms Download.

Form INC 20a download commencement of business

Select Declaration of Commencement of Business

Download Form INC 20a commencement of business

Download the form. You can download the form with or without the Instruction Kit.
Open it in PDF.
Enter ‘Corporate Identity Number’ (CIN) of the company You may find CIN by entering the existing registration number or name of the company in the ‘Find CIN/GLN’ service at the MCA21 portal

Commencement of business form inc 20a

Click the “Pre-fill” button. The system will automatically display the name, registered office address and email ID of the company. In case there is any change in the email ID, enter the new valid email ID.
Add the required attachments
Enter the serial number and date of board resolution authorizing the signatory to sign and submit the eForm.
Fill the Declaration and provide DIN.
After filling the form, click on Check. The system will perform the form-level validation.
If the check form is successful, click on Pre scrutiny.
Add the DSC of the Directors and Certifying Professional in the form. The eform should be digitally signed by the director or secretary of the company duly authorised by the board of directors or where the company has not appointed a secretary, by the company secretary in whole-time practice. Enter membership number or income-tax PAN in case the person digitally signing the eForm is a secretary.Enter certificate of practice number in case person digitally signing the eForm is a company secretary (whole-time practice) and also select whether he/ she is an associate or fellow
Login to MCA portal again.
Under MCA Services tab, click on upload e-forms.
After successful upload, proceed to make payment of the fees.
On successful payment, SRN will get generated.

Charges for Form INC 20A

Fee for filing eForm for companies having share capital :

Nominal Share Capital	Applicable Fees in (Rs.)
Where share capital is less than 1,00,000	200
1,00,000 or above but not exceeding 4,99,999	300
5,00,000 or above but not exceeding 24,99,999	400
25,00,000 or above but not exceeding 99,99,999	500
1,00,00,000 or above	600

Fee for filing eForm for companies having no share capital: In this case, the fees applicable is only Rs 200.

Additional fee (in case the form is not filed within the time)

Nominal Share Capital	Applicable Fees in (Rs)
Up to 30 days	2 times of normal fees
Above 30 but not exceeding 60 days	4 times of normal fees
Above 60 days but not exceeding 90 days	6 times of normal fees
Above 90 days but not exceeding 180 days	10 times of normal fees
Above 180 days	12 times of normal fees

Consequences of not filing Form INC 20A

Penalty to be levied on the company: A penalty of Rs 50,000 will be levied on the company if it fails to comply with the mentioned requirement.

Penalty to be levied on the officers: Every such officer in default shall be liable to a penalty of Rs 1,000 per day for each day during which the default continues subject to a maximum of Rs 1,00,000.

Registrar may initiate action for the removal of the name of Company
Company cannot borrow money
Company cannot start business

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