INC-20A – Commencement of Business Compliance in India

INC-20A Filing – Mandatory Declaration under Companies Act, 2013

INC-20A Filing Starting at ₹1,999 + GST & Govt Fees

Form INC-20A is a mandatory ROC filing under the Companies Act, 2013, required to be filed by newly incorporated companies before commencing business operations in India.

Through INC-20A, a company declares to the Registrar of Companies (ROC) that it has received its subscribed share capital from shareholders and has complied with the initial conditions prescribed by law.

INC-20A was introduced to curb the formation of shell companies and to ensure that only genuine businesses commence operations.

Failure to file INC-20A within the prescribed time can result in penalties, restrictions on business activities, and action for removal of the company’s name from the ROC.

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    What is INC-20A?

    INC-20A is a Declaration of Commencement of Business filed under Section 10A of the Companies Act, 2013.

    By filing INC-20A, the company confirms that:

    The subscribers to the Memorandum of Association (MOA) have paid the subscribed share capital

    The company has complied with incorporation-related requirements

    The company is eligible to commence business activities

    📌 A company cannot commence business or exercise borrowing powers unless INC-20A is filed with ROC.

    Why is INC-20A Mandatory?

    INC-20A was introduced by the Ministry of Corporate Affairs (MCA) to:

    Prevent incorporation of non-operational or shell companies

    Ensure actual infusion of share capital

    Enhance corporate transparency and accountability

    Strengthen regulatory oversight

    It acts as a statutory checkpoint before a company begins its operations

    Who is Required to File INC-20A?

    INC-20A filing is mandatory for:

    Private Limited Companies

    Public Limited Companies

    Companies having share capital including OPC’s (One person Company)

    Even if:

    Business operations have not started

    No revenue is generated

    No transactions have taken place

    INC-20A must be filed within the prescribed time, irrespective of business activity.

    ❌ Not applicable to:

    Limited Liability Partnerships (LLPs)

    Companies incorporated before 02-11-2018

    Companies without share capital

    Time Limit for Filing INC-20A

    INC-20A must be filed within 180 days from the date of incorporation of the company.

    ⏰  Delay or non-filing may lead to:

    Statutory penalties

    ROC initiating strike-off proceedings

    Pre-Requisites before Filing INC-20A

    Before filing INC-20A, the company must:

    Open a bank account in the company’s name

    Receive the full subscribed share capital from all MOA subscribers

    Maintain a bank statement evidencing receipt of funds

    ⚠ Important Compliance Point:

    INC-20A cannot be filed on a provisional or expected capital basis. Actual receipt of funds is mandatory

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    ROC Form for Commencement of Business

    Form INC-20A

    Filed with the Registrar of Companies (ROC)

    Filed only once after incorporation

    Due date: Within 180 days of incorporation

    Step-by-Step Process for INC-20A Filing

    Step 1

    1. Opening of company bank account

    Step 2

    2. Deposit of subscribed share capital by shareholders

    Step 3

    3. Collection of bank statement as proof

    Step 4

    4. Preparation of INC-20A declaration

    Step 5

    5. Professional verification and certification

    Step 6

    6. Filing of INC-20A with ROC

    Documents Required for INC-20A Filing

    Bank statement showing receipt of subscribed share capital

    Certificate of Incorporation

    PAN of the company

    Subscriber details as per MOA

    Digital Signature Certificate (DSC) of director

    Pro Tip: Ensure documents are recent (within 60 days) and clearly scanned.

    Penalty and Consequences of Non-Filing

    Penalty on Company: ₹50,000

    Penalty on Directors: ₹1,000 per day (Maximum ₹1,00,000)

    ⚠ Company cannot commence business or borrow funds

    ⚠ ROC may initiate action for removal of company name under Section 248

    ⚠ Issues in future ROC filings and statutory compliances

    ⚠May lead to long-term compliance issues for directors if defaults continue

    Benefits of Timely INC-20A Filing

    Legal commencement of business

    Avoidance of penalties and ROC notices

    Smooth banking and contractual operations

    Builds credibility with regulators and investors

    Essential for future statutory and annual compliances

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    FAQs – INC-20A Filing

    INC-20A is a declaration filed with the Registrar of Companies (ROC) to confirm that a company has received its subscribed share capital and is eligible to commence business, as required under Section 10A of the Companies Act, 2013.

    Yes. INC-20A is mandatory for all companies having share capital incorporated on or after 2nd November 2018, including Private Limited and Public Limited Companies.

    INC-20A must be filed within 180 days from the date of incorporation of the company.

    No. A company cannot legally commence business or exercise borrowing powers unless INC-20A is filed and approved on the MCA portal.

    The primary document required is a bank statement showing receipt of subscribed share capital from all MOA subscribers, along with incorporation details and DSC of the director

    Non-filing or late filing can attract penalties on the company and officers, and ROC may initiate strike-off proceedings for the company.

    No. ROC does not issue any physical or electronic certificate. The approved status and acknowledgement on the MCA portal serve as proof of filing.

    Yes. INC-20A filing is mandatory even if the company has not started operations or generated any income.

    No. The Companies Act does not provide any extension for filing INC-20A beyond 180 days.

     

    No. INC-20A can be filed only after the full subscribed share capital mentioned in the MOA is received.

    No. A company bank account is mandatory, as the bank statement is required as proof of capital receipt.

    No. Companies without share capital are exempt from INC-20A filing.

    Yes. There is no minimum threshold. Even a small subscribed capital must be fully received and declared.

    No. INC-20A is applicable only to companies registered under the Companies Act and does not apply to LLPs.

    • Certificate of Incorporation confirms legal existence
    • INC-20A confirms eligibility to start business operations

    Both are mandatory but serve different purposes.

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