What is Form INC 20A Business Commencement Form?

INC-20A is a Declaration for Commencement of Business form. According to the new section 10A(1)(a), of the Companies Act, 2013, and Rules 23A of the Companies (Incorporation) Rule 2014, it is imperative for a director of an incorporated company to file an INC 20A form with the Registrar of Companies (RoC).

The company cannot conduct any business or exercise any borrowing powers unless the director has filed the form. It needs to be verified by a Chartered Accountant or a Company Secretary or a Cost Accountant in practice before it is filed with the RoC. The declaration needs to state that every subscriber to the memorandum has paid the value of their shares on the date of the declaration. Failure in filing the INC-20A form can lead to the removal of name of the company by Registrar (ROC).

Who does it apply to/ who needs to fill this form?

Any company incorporated on or after 2^nd November 2018.

When to Apply?

The time limit to file the form is 180 days from the date of incorporation.

Note: On account of COVID-19 outbreak MCA through General Circular No. 11 /2020 extended the time limit to file the form to 360 days for companies incorporated during January 2020 to September 2020.

Any Company Incorporated starting October 2020 should file INC-20A within 180 days.

Essentials needed while filling the form

• Subscriber’s proof of payment for the value of shares (Bank Statement)
• In case the company affairs are regulated by sectoral regulators like RBI, one needs to attach a Certificate of Registration issued by RBI or any other concerned regulator.
• Before filing the form with the RoC you need a verified practicing professional to verify and sign the form.

How to Fill the Form?

You can fill the INC-20A form online. The E-form can be accessed and downloaded on the MCA website. You can access it from here:

https://www.mca.gov.in/MinistryV2/companyformsdownload.html

With the E-form, you will find an instruction kit that will guide you in filling the form without a hitch. In the E-form, you will be asked to fill in the following information correctly:

• Corporate Identity Number (CIN) of the company
• After entering the CIN of the company, click on the pre-fill button and the system will display the name, registered address of the office, and the email address of the company.
• Select whether the affairs of your company are regulated by any sectoral regulator or not. In case you select yes, you will be asked to specify the name of the regulator and the registration number along with the date of the approval of the registration.
• Attachment

Here you’ll be asked to attach the bank statement of your company’s current account wherein there will be proof that subscribers paid up for the shares.

In case your company affairs are regulated, you’ll have to attach the certificate of registration issued by the regulator.

• Declaration

Here, a director needs to declare that he has been appointed by the Board of Directors of the company.

• Director’s Digital Signature
• Director’s identification number
• Certificate by practicing professional

Before submitting the form to the RoC, you need a practicing CA, CS, or a Cost Accountant.

Fee for filing e-Forms or documents in case of company have share capital:

Fee for filing e-Forms or documents in case of company does not have share capital:

Additional fee rules: