Office Address
88 Broklyn Golden, NY
Send Email
contact@example.com
Call Emergency
+88 036 656 99
IndianTaxPert — Simplifying Business Registration & Compliance in India | Company Incorporation • LLP Formation •
Form INC-20A, also known as the Commencement of Business Declaration, is a mandatory post-incorporation compliance under the Companies Act, 2013. It applies to Private Limited Companies and One Person Companies (OPC) and must be filed immediately after a company starts its business operations. Filing this form legally authorizes a company to carry out business activities and avail loans from financial institutions.
Without INC-20A, a newly incorporated company cannot commence its business or enter into financial transactions.
Register Your LLP Online in India – Expert Assistance
Legal Requirement of INC-20A
As per the MCA notification dated 2nd November 2018, all Private Limited Companies and OPCs must submit the Commencement of Business declaration within 180 days of incorporation. The declaration must be signed by a director authorized by the company. Filing this form ensures that the company complies with the law and prevents issues during financial operations.
Who Needs to File INC-20A?
Private Limited Companies
Mandatory for all newly incorporated private companies.
One Person Companies (OPC)
Required to file along with nominee details.
Section 8 Companies
Exempt from INC-20A as per MCA provisions.
Public Companies
Not required unless stated otherwise.
Prerequisites for Filing INC-20A
Before filing INC-20A, ensure the following:
- The company has filed its registered office address with the ROC.
- A company bank account is opened.
- The entire subscribed capital is deposited in the company's bank account.
- The company has not started business activities.
- The company's bank account has no transactions other than capital deposits.
Step-by-Step Process for Filing INC-20A
1
Documentation
Gather all supporting documents to avoid rejection. Documents required include:
- Subscribers proof of share payment
- Certificate of Incorporation
- DIN and DSC of the filing director
2
Fill Form INC-20A
Access the form on the Ministry of Corporate Affairs (MCA) website. Fill it online and sign with a Digital Signature Certificate (DSC). A practicing CA, CS, or CMA must certify the form.
3
Upload Supporting Documents
Attach scanned copies of all necessary documents in digital format.
4
Submit Form & Pay Fees
Submit the completed form with the applicable government fee online.
5
Acknowledgement Receipt
After submission, an acknowledgement receipt is generated. Keep this for your records along with the submitted form and documents.
Documents Required for Filing INC-20A
| No | Document | Description |
|---|---|---|
| 1 | Proof of payment of shares | Confirmation of capital deposited by subscribers |
| 2 | Certificate of Incorporation | Original incorporation certificate issued by ROC |
| 3 | DSC of applicant director | Digital signature for form authentication |
| 4 | DIN of applicant director | Director Identification Number |
Due Dates & Late Filing Fees
📅 Filing Deadline: Within 180 days of incorporation
Government Fees (Based on Subscribed Capital):
Up to ₹1 lakh
₹200
₹1 – 5 lakh
₹300
₹5 – 25 lakh
₹400
₹25 lakh – 1 crore
₹500
Above ₹1 crore
₹600
Late Filing Penalties:
| Delay | Fee Multiplier |
|---|---|
| Up to 30 days | 2x normal fee |
| 30–60 days | 3x normal fee |
| 60–90 days | 4x normal fee |
| 90–180 days | 5x normal fee |
| Above 180 days | 6x normal fee |
Approval of Form INC-20A
Form INC-20A is self-approved by the ROC under the Straight Through Process once filed with certified documents and prescribed fees.
⚠️ Consequences of Non-Filing
🏢 Company Penalty
₹50,000
👤 Officer Penalty
₹1,000 per day (capped at ₹1,00,000 per officer)
⛔ Striking Off
Company may be struck off after 180 days if INC-20A is not filed
