INC-20A FROM

The INC-20A form, also known as the Declaration for Commencement of Business, is an important compliance requirement under the Companies Act, 2013 and must be filed with the Registrar of Companies (ROC). This declaration must be submitted by the company’s directors, confirming that every subscriber to the company’s memorandum has paid the value of the shares agreed upon at the time of incorporation. It serves as proof that the company has genuine capital investment and is ready to begin legitimate business operations. Companies are required to file this form within 180 days from the date of incorporation, and failure to do so may result in serious consequences. The Registrar of Companies holds the authority to initiate action for the removal of the company’s name from the register, which effectively means the company could be struck off. Additionally, the company and its directors may face penalties for non-compliance — typically, a fine of ₹50,000 for the company and ₹1,000 per day of default for each officer in default. The introduction of Form INC-20A was primarily aimed at enhancing corporate transparency and accountability. It acts as a safeguard against shell companies and fraudulent entities that were being created without any genuine intent to do business. The filing also helps the government verify the authenticity of capital infusion and ensures that only compliant and operationally ready companies are allowed to remain active.

Description

Key points regarding INC-20A: 

Timing: The form must be filed within 180 days from the date of incorporation of the company.

Declaration: The form requires a declaration from the directors of the company confirming that the company has received the minimum subscription as specified in the memorandum of association and that the company has complied with all the requirements of the Companies Act, 2013, related to the commencement of business.

Penalty for non-compliance: Failure to file the INC-20A form within the specified timeline can result in penalties for the company and its directors. Additionally, the company may be marked as "ACTIVE non-compliant" by the Registrar of Companies, which can restrict certain transactions for the company.

Exemptions: Certain types of companies, such as companies limited by guarantee or companies with no share capital, are exempt from filing the INC-20A form.

Overall, filing the INC-20A form is an important compliance requirement for newly incorporated companies in India, ensuring that they have commenced their business operations in accordance with the law. 


Frequently Asked Questions

Browse practical answers curated by our CA and CS desks for INC-20A FROM.

Understanding Form INC-20A

Form INC-20A is a declaration filed by directors of a company stating that every subscriber to the Memorandum of Association has paid the full value of shares agreed and that the company is ready to commence business or exercise borrowing powers.

All companies incorporated on or after 2 November 2018 that have share capital must file Form INC-20A.

 Without filing Form INC-20A, the company cannot legally commence business operations or exercise borrowing powers. It also helps avoid being struck off by the Registrar.

 No — companies that do not have share capital (or were incorporated before the effective date) may be exempt from this requirement.

Documents, Timeline & Fees

The form must be filed within 180 days from the date of incorporation of the company.

Required documents typically include: bank statement showing capital deposit, photograph of the registered office (inside & outside), board resolution, and subscription proof of all shareholders.

Fee depends on the nominal share capital. For example: up to ?1 lakh = ?200, ?1 lakh–?4.99 lakh = ?300, and higher for larger capital.

Late filing attracts higher fees (multiplier factors: 2Ă— up to 30 days, up to 12Ă— after 180 days) and may lead to penalties for the company and its officers.

Consequences & Compliance Risks

The company may be liable to a penalty of ?50,000, and every officer in default may face up to ?1,000 per day (up to ?1 lakh).

No — starting business or exercising borrowing powers without filing the form is not legally permitted.

The Registrar may remove the company’s name from the register if there is reasonable belief that it has not commenced business within the required period.

Yes — failure to file may harm corporate credibility, affect access to funding or lending and raise compliance red flags with stakeholders.

How BizPriest Supports You

BizPriest assists with preparing required documents, ensuring shareholders have paid up subscriptions, arranging board resolutions, and filing the e-Form on your behalf.

Yes — we monitor your dates and remind you of the deadline, helping avoid late-filing fees or non-compliance risks.

You’ll provide your Certificate of Incorporation, share capital details, bank statement showing share subscription deposit, director and shareholder details.

With expert support and experience, BizPriest ensures accurate and timely filing of Form INC-20A, simplifies the process, reduces risk of errors and helps you launch business operations confidently.

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