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What is a Commencement of Business Certificate and Its Importance?

Form INC 20A: Everything You Need to Know About Filing for Business Commencement

The newly introduced Form INC 20A is a significant topic of discussion among corporates. Companies incorporated in India after the enactment of the Companies (Amendment) Ordinance, 2018, and possessing share capital, must obtain a Commencement of Business Certificate before initiating business activities or utilizing borrowing powers. Effectively, the Ministry has reinstated the requirement for a Commencement of Business Certificate through Form INC 20A on the MCA portal.

Form INC 20A (Commencement of Business Certificate):

Form INC 20A is a mandatory declaration filed by the directors of a company at the commencement of business. This form must be verified by a practicing Chartered Accountant (CA), Company Secretary (CS), or Cost Accountant.

Who is required to file Form INC 20A?

As per the Companies (Amendment) Ordinance, 2018, introduced on November 2, 2018, any company incorporated after this date is required to file Form INC 20A within 180 days from the date of incorporation.

Government Fees for Form INC 20 A (Commencement of Business Certificate):

Nominal Share Capital Applicable Fees (INR)
Where share capital is less than ₹1,00,000
200
₹1,00,000 or above but not exceeding ₹4,99,999


₹5,00,000 or above but not exceeding ₹24,99,999


₹25,00,000 or above but not exceeding ₹99,99,999


₹1,00,00,000 or above


300


400


500


600


Late Fees for Filing Form INC 20A (Commencement of Business Certificate):

Period of Delay Late Fees (Multiples of Normal Fees)
Up to 30 days
2 times
More than 30 days and up to 60 days


More than 60 days and up to 90 days


More than 90 days and up to 180 days


More than 180 days
4 times


6 times


10 Times


12 Times

What are the Penalties for Non-Filing of Form INC 20A for Commencement of Business?

  • The company faces a penalty of ₹50,000 for failing to file Form INC 20A.
  • Each officer in default incurs a penalty of ₹1,000 per day of delay, capped at ₹1,00,000.
  • The Registrar may initiate proceedings to remove the company’s name from the register or strike off its name.

Failure to file Form INC 20A can obstruct the company’s ability to commence operations and borrow funds. A penalty is also applicable if the filing exceeds 360 days from the date of incorporation.

 
 

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INC 20A Filing Fees

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ESSENTIAL

₹ 1499/-

  • Form 20A Filing for capital upto INR 1 Lakh
 
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ENHANCED

₹ 2199/-

  • Form 20A Filing for capital upto INR 25 Lakh
 
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ULTIMATE

₹ 2699/-

  • Form 20A Filing for capital upto INR 50 Lakh
 
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Benefits of filing Form 20A

Points to make your decision easy

Filing E-Form INC-20A within 180 days allows the company to exercise borrowing powers, ensuring smooth financial operations. Failure to file may restrict the company from securing loans or raising funds.

Timely filing of Form INC-20A within 360 days protects the company from significant penalties—₹50,000 for the company and ₹1,000 per day per director, up to a maximum of ₹1 lakh.

Filing Form INC-20A ensures company information is available in public databases, enhancing transparency and helping to establish business credibility.

Documents required for obtaining Commencement of Business Certificate

Quick Checklist

  • Subscribers proof of payment for value of shares i.e. bank statement of Subscribers
  • Photograph of Registered office both inside and outside with the director signing the form
  • Certificate of Incorporation
  • Digital Signature of Director

FAQs On E-Form INC-20A

Form INC-20A is a declaration filed by a company incorporated after November 2, 2018, to confirm the commencement of its business. Filing this form is mandatory within 180 days from the company's incorporation.

Details such as the company's PAN, registered office address, proof of deposit of subscription money, and bank statement are required while filing Form INC-20A.

Form INC-20A can be downloaded directly from the official Ministry of Corporate Affairs (MCA) portal.

The due date for filing Form INC-20A is within 180 days from the incorporation date of the company.

In the absence of a bank statement, alternate proofs such as a certificate of receipt of subscription money issued by the bank may be submitted.

Registrar Action: The Registrar may initiate action to strike off the company’s name. Borrowing Restrictions: The company will not be allowed to borrow money. Business Operations: The company will not be permitted to start its business operations.

Apart from Form INC-20A, companies must comply with annual filing requirements such as filing financial statements, annual returns, GST filings, and income tax returns. Yes, we offer yearly compliance packages tailored to your business needs.

Feel free to reach out to our experts for a free consultation and clarity on the process.