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A company incorporated with share capital cannot start business or borrow money until this declaration is filed. It is due within 180 days of incorporation, and it is filed once.
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A declaration that the subscribers have paid for their shares, and the point at which a company is allowed to trade.
Form INC-20A is the declaration of commencement of business. Every company incorporated on or after 2 November 2018 that has share capital files it with the Ministry of Corporate Affairs, and the directors do so within 180 days of the date of incorporation.
What the declaration says is that every subscriber to the memorandum has paid the value of the shares they agreed to take. That means the company has to open a current account and the promoters have to actually put the subscription money into it, because the bank statement showing those credits is the attachment the form is built around.
Until it is filed, section 10A says the company shall not commence any business and shall not exercise any borrowing powers. So this is not a formality that follows trading; it is the thing that makes trading permissible.
One form, and the check that its evidence will pass.
The government filing fee is separate and depends on the company’s authorised share capital.
This is the rare filing where the consequences arrive before the deadline does, because the restriction applies from day one.
Section 10A prevents a company from commencing business until the declaration is filed. Work done and invoices raised before that point were not permitted, whatever else was in order.
Borrowing powers cannot be exercised either. A loan or a facility arranged in the first months is being taken by a company that has not yet declared itself able to.
The company is liable to ₹50,000. Every officer in default is liable to ₹1,000 for each day the default continues, up to a maximum of ₹1,00,000, which is personal rather than corporate.
Where the declaration has not been filed within 180 days, the Registrar may take the view that the company is not carrying on business and begin action to remove its name from the register.
Two attachments, and the first one is the whole point of the form.
A bank account statement of the company showing the credit entries for the subscription money received from every subscriber to the memorandum. NEFT or IMPS receipts can be attached instead.
Where the company is regulated, the certificate of registration issued by the Reserve Bank of India or the relevant regulator. This applies to NBFCs among others.
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Subject to government processing time.
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Yes, for every company incorporated on or after 2 November 2018 that has share capital.
It establishes that the company has received the paid up share capital and is therefore able to start its business and to borrow in its own name.
Companies limited by guarantee, which have no share capital, and any company incorporated before 2 November 2018.
Within 180 days of the date of incorporation. The clock starts at incorporation, not at the first transaction.
Yes. It is filed once, shortly after incorporation, and never again. It is not an annual compliance.
It depends on the company’s authorised share capital, on a rising slab. At the bottom of the slab, for authorised capital below one lakh, it is a few hundred rupees.
Filing late attracts an additional fee that multiplies with the length of the delay, and that is separate from the penalty under section 10A.
No. The company may not commence business and may not exercise any borrowing powers until the declaration is filed.
The company’s bank account statement showing all the credit entries for the subscription money received from every subscriber to the memorandum.
IMPS or NEFT receipts can be attached in place of the statement.
A penalty on the company and on the directors who let it commence business without the declaration, and the Registrar may strike the company off the register.
Neither of those is reversed by filing afterwards, though filing is what stops the daily officer penalty accruing.