- INC-20A FROM
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.
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Practical answers curated by our CA and CS desks for INC-20A FROM.
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.
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: 2× up to 30 days, up to 12× after 180 days) and may lead to penalties for the company and its officers.
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.
We assist 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, we ensure 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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