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IndianTaxPert — Simplifying Business Registration & Compliance in India | Company Incorporation • LLP Formation •
After incorporating a Private Limited Company or One Person Company (OPC) in India, filing Form INC-20A is a mandatory step before starting business operations. This declaration enables the company to conduct commercial transactions, raise funds from banks or financial institutions, and legally carry out its business activities.
Without filing INC-20A with the Registrar of Companies (RoC), a newly incorporated company cannot commence its operations.
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Legal Background & Prerequisites for INC-20A
INC-20A is a mandatory declaration for Private Limited Companies and OPCs to confirm the commencement of business within 180 days of receiving the Certificate of Incorporation.
Legal Background
Until 2nd November 2018, there was no requirement for filing INC-20A. However, the MCA notification dated 2nd November 2018 made it compulsory for all Private Limited Companies and OPCs to submit a declaration of business commencement within 180 days of receiving the Certificate of Incorporation (CoI).
The form must be signed by a director authorized by the company and certified by a professional like a CA, CS, or CMA.
Prerequisites Before Filing INC-20A
- The registered office has been communicated to the RoC.
- A bank account is opened in the company’s name.
- The entire subscribed capital mentioned in the Memorandum of Association is deposited.
- Business activities have not yet commenced.
- The bank account has no transactions except those related to the paid-up capital.
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Stepwise Process to File Form INC-20A
Filing Form INC-20A is mandatory for Private Limited Companies and OPCs to declare the commencement of business. Follow the steps below for smooth filing.
01
Arrange Required Documents
Prepare all supporting documents in digital format to avoid errors or rejection.
02
Complete the Online Form
Access the INC-20A form on the MCA portal, fill in the company details, and digitally sign the form using the DSC of the authorized director.
03
Upload Supporting Documents
Attach scanned copies of required documents, such as Certificate of Incorporation, proof of paid-up capital, DSC, and DIN.
04
Submit the Form
After completing the form and uploading the documents, submit it online along with the prescribed government fees.
05
Receive Acknowledgement
Upon successful submission, an acknowledgement receipt is generated as proof of filing. Keep a copy for future reference.
Documents Required for INC-20A
Ensure all documents are ready before filing Form INC-20A to avoid delays or rejections.
| S. No. | Document Name |
|---|---|
| 1 | Certificate of Incorporation |
| 2 | Proof of payment for subscribed shares |
| 3 | DSC of the applicant director |
| 4 | DIN of the applicant director |
Due Dates & Fees
Form INC-20A must be filed within 180 days of receiving the Certificate of Incorporation. Filing early is recommended to start business operations promptly.
Government Fees Based on Subscribed Capital
| Subscribed Capital | Fee (₹) |
|---|---|
| Up to 1 lakh | 200 |
| 1 – 5 lakhs | 300 |
| 5 – 25 lakhs | 400 |
| 25 lakhs – 1 crore | 500 |
| Above 1 crore | 600 |
Late Filing Fees
| Delay Duration | Fee Multiplier |
|---|---|
| Up to 30 days | 2x |
| 30–60 days | 3x |
| 60–90 days | 4x |
| 90–180 days | 5x |
| Beyond 180 days | 6x |
Approval of INC-20A
Form INC-20A is certified by professionals (CA, CS, CMA) and submitted online with the prescribed fee. The Registrar of Companies (ROC) auto-approves the form under the Straight Through Process, provided all documents and declarations are accurate.
Consequences of Non-Filing
- ⚠️ Company Penalty: ₹50,000 for non-compliance.
- ⚠️ Officer Penalty: Daily ₹1,000 for each officer (directors, secretary, CFO, manager), capped at ₹1,00,000.
- ⚠️ Companies failing to file within 180 days risk striking off under Section 248.
Why File INC-20A with Indian Tax Expert?
- ✅ Expert Guidance: Our team ensures accurate filing with all required documents.
- ✅ Time-Saving: Avoid delays and penalties by filing promptly.
- ✅ Hassle-Free Process: Online submission, document verification, and professional certification handled end-to-end.
