Commencement of Business Filing Services in India – Form INC-20A Declaration under Section 10A, Subscriber Capital Verification, Registered Office Compliance, Late Filing, Penalty Defence & RoC Strike-Off Protection

Commencement of Business is the statutory MCA compliance through which every company incorporated with share capital files Form INC-20A with the Registrar of Companies (RoC) under Section 10A of the Companies Act 2013 read with Rule 23A of the Companies (Incorporation) Rules 2014. A company incorporated after the commencement of the Companies (Amendment) Act 2019 and having share capital cannot commence business or exercise borrowing powers unless a director files a declaration within 180 days from the date of incorporation confirming that every subscriber to the memorandum has paid the value of shares agreed to be taken by them. The company must also have completed registered office verification under Section 12(2). Non-filing or late filing of INC-20A exposes the company to a ₹50,000 company penalty, officer penalties of ₹1,000 per day up to ₹1,00,000, and in serious cases, RoC action for removal of the company name from the register.

Our Commencement of Business filing services handle every INC-20A requirement for Private Limited Companies, Public Limited Companies, OPCs, Section 8 companies with share capital, subsidiaries, foreign-owned companies, startup companies, group companies, and companies with delayed capital infusion. We manage subscriber capital verification, bank statement review, capital receipt mapping, board-level declaration, director DSC filing, registered office compliance check, professional certification support where required, late-filing advisory, penalty exposure calculation, RoC notice response, and strike-off protection. Whether your company has just been incorporated, is nearing the 180-day deadline, has received subscriber money in tranches, has a mismatch between MOA subscription and bank credits, or has already missed the INC-20A due date, we prepare a compliant filing pathway with documentation that can withstand RoC scrutiny.

180 Days
From Incorporation
Sec 10A
Companies Act 2013
INC-20A
Declaration Form
₹50,000+
Penalty Exposure
Provisions & Forms We Work Under
Sec 10A – Commencement
Rule 23A – INC-20A
Sec 12(2) – Regd. Office
SPICe+ Incorporation
MOA Subscriber Capital
Director Declaration
RoC Filing
Penalty Adjudication
Strike-Off Defence

INC-20A / Commencement of Business Use Cases We Handle

Fresh Filing

New Company – Within 180 Days

Timely filing of Form INC-20A after incorporation once subscribers have paid their agreed share capital and registered office verification is complete.

  • 180-day deadline tracking
  • Subscriber payment proof
  • Bank statement mapping
  • Director declaration
  • DSC-based filing
  • RoC acknowledgment
Capital Proof

Subscriber Capital Verification

Review of MOA subscription money, bank credits, narration, shareholder-wise contribution, and reconciliation before filing commencement declaration.

  • MOA subscriber mapping
  • Capital receipt check
  • Bank proof review
  • Mismatch resolution
  • Foreign remittance support
  • Declaration backup file
Late Filing

Delayed INC-20A Filing

Late filing support where the 180-day period has expired, including penalty exposure, additional fee review, event documentation, and compliance restoration.

  • Delay calculation
  • Penalty exposure note
  • RoC risk review
  • Capital evidence cleanup
  • Late filing execution
  • Adjudication support
Borrowing Powers

Business / Borrowing Readiness

Before commencing operations, issuing invoices, opening credit facilities, taking loans, or using borrowing powers, companies must complete INC-20A compliance.

  • Business start clearance
  • Loan readiness check
  • Bank compliance support
  • Vendor onboarding support
  • Board file preparation
  • Compliance certificate pack
RoC Notice

RoC Notice / Strike-Off Risk

Response strategy where RoC questions non-filing of INC-20A or suspects that the company is not carrying on business or operations.

  • Notice review
  • Fact chronology
  • Capital proof compilation
  • Business activity evidence
  • Strike-off defence
  • RoC representation
Special Cases

OPC / Section 8 / Foreign-Owned

Special handling for OPCs, Section 8 companies with share capital, subsidiaries, FDI-funded entities, and companies with capital received through foreign remittance.

  • OPC support
  • Section 8 review
  • FDI receipt mapping
  • FIRC / KYC linkage
  • Subscriber mismatch review
  • MCA portal filing

Key Commencement of Business / INC-20A Concepts

Sec 10A

180-Day Declaration

Form INC-20A must be filed by a director within 180 days from incorporation confirming that subscribers have paid the value of shares agreed in the MOA.

180 Days Director Filed
Share Capital

Applicable Companies

The requirement applies to companies incorporated with share capital. Companies without share capital are generally outside the INC-20A commencement declaration requirement.

Pvt / Public OPC
Subscriber Money

Capital Must Be Paid

Each subscriber must pay the value of shares agreed to be taken. Bank statement, remittance proof, and shareholder-wise receipt mapping should support the declaration.

Bank Proof MOA Match
Sec 12(2)

Registered Office

The company should have filed verification of registered office as required under Section 12(2), commonly through incorporation / registered office filings.

Regd. Office Address Proof
Restriction

No Business / Borrowing

Until INC-20A compliance is completed, the company cannot commence business or exercise borrowing powers under Section 10A.

No Business No Borrowing
Penalty

Company & Officer Penalty

Default may attract ₹50,000 penalty on the company and ₹1,000 per day on every officer in default, capped at ₹1,00,000 per officer.

₹50,000 ₹1,000 / Day
RoC Action

Strike-Off Risk

If INC-20A is not filed within 180 days and RoC believes the company is not carrying on business, action may be initiated for name removal.

Chapter XVIII RoC Review
Evidence

Filing Backup

Good INC-20A compliance includes a clean backup file: subscriber ledger, bank statement, proof of receipt, board note, and declaration records.

Audit Trail MCA Record

Our Commencement of Business Filing Services

01

Form INC-20A Filing

Complete preparation and filing of Form INC-20A with MCA within 180 days from incorporation, using director DSC and proper capital proof.

02

Subscriber Capital Mapping

Shareholder-wise mapping of MOA subscription amount against bank credits, ledger entries, narration, and proof of capital receipt.

03

Registered Office Check

Section 12(2) registered office verification check, address proof review, incorporation record check, and correction guidance where needed.

04

Director Declaration Drafting

Drafting and compliance review of declaration confirming receipt of subscriber money before commencement of business and borrowing powers.

05

Late INC-20A Filing

Delayed commencement filing support with risk note, penalty exposure calculation, additional fee review, and compliance restoration plan.

06

Penalty & Adjudication Support

Assistance in RoC adjudication, reply drafting, officer default analysis, penalty mitigation documents, and hearing preparation.

07

RoC Notice Response

Response to RoC notice for non-filing, business commencement questions, registered office issues, and strike-off risk under Section 10A.

08

Strike-Off Defence

Compilation of proof that company is operational or compliant, including bank activity, invoices, contracts, board records, and capital receipt documents.

09

Foreign-Owned Company Support

INC-20A support for FDI-funded companies, foreign subscribers, inward remittance proof, FIRC / KYC linkage, and capital receipt trail.

10

OPC & Startup Compliance

Founder-led OPC and startup INC-20A filing, first bank account review, initial capital deposit support, and post-incorporation compliance pack.

11

Borrowing Readiness Pack

Compliance documentation for banks, lenders, investors, and vendors confirming that the company is eligible to commence business and borrow.

12

Backlog Compliance Cleanup

Resolution of missed INC-20A, capital mismatch, MCA master-data risk, non-operational company issues, and historical compliance gaps.

When You Need Commencement of Business Support

New Company Incorporated

Your Pvt Ltd / OPC / Public company has just been incorporated and must complete INC-20A within 180 days before starting business.

180-Day Deadline Nearing

The incorporation date is approaching the 180-day limit and subscriber capital proof needs to be organized quickly for MCA filing.

Subscriber Money Received

Shareholders have deposited MOA subscription money and you need to file the declaration before issuing invoices or starting operations.

Bank Loan / Borrowing Planned

The company wants to take a loan, overdraft, credit facility, or borrowing arrangement and must first complete Section 10A compliance.

Capital Payment Mismatch

Subscriber names, amounts, bank narration, or receipt dates do not perfectly match the MOA subscription and need reconciliation before filing.

INC-20A Already Delayed

The 180-day period has expired and you need late filing, penalty advisory, and RoC risk management.

RoC Notice Received

RoC has questioned non-filing, registered office status, or business activity; a documented response and compliance restoration plan is needed.

Company Is Inactive

The company has not started operations and there is strike-off risk due to non-filing or absence of business activity evidence.

Documents Needed for INC-20A Filing

Company Details

  • Certificate of incorporation
  • CIN and PAN of company
  • MOA and AOA
  • Subscriber sheet
  • Registered office proof
  • Utility bill / NOC
  • Director DSC

Capital Proof

  • Company bank statement
  • Subscriber payment proof
  • Shareholder-wise receipt map
  • Bank narration details
  • Ledger / accounting entry
  • FIRC / KYC if foreign
  • Capital reconciliation note

Filing / Defence Records

  • Director declaration
  • Board note / resolution
  • INC-20A form data
  • Professional certificate if needed
  • RoC notice, if any
  • Business activity proof
  • Penalty / adjudication papers

Our Commencement of Business Engagement Process

1

Deadline Diagnostic

Check incorporation date, 180-day deadline, company type, share capital status, and whether business / borrowing has started.

2

Capital Verification

Map MOA subscriber commitments against bank receipts, shareholder proof, ledger entries, and foreign remittance documents where applicable.

3

Office & Records Check

Verify registered office compliance, address documents, MCA master data, director DSC status, and filing readiness.

4

Form Filing

Prepare and file Form INC-20A with MCA, attach required proof, complete director verification, and track SRN approval.

5

Compliance Closure

Deliver filing acknowledgment, capital proof file, RoC response pack if applicable, and post-incorporation compliance tracker.

Why Choose Us for Commencement of Business Filing

CA / CS-led Section 10A expertise
Complete INC-20A preparation and filing
Subscriber capital proof verification
180-day deadline and late filing support
RoC notice and strike-off defence
Penalty and adjudication advisory
FDI / foreign subscriber support
Post-incorporation compliance tracker

FAQs on Commencement of Business / INC-20A Filing

What is Form INC-20A?
Form INC-20A is the MCA form used by a company with share capital to declare commencement of business under Section 10A of the Companies Act 2013. It confirms that subscribers have paid the value of shares agreed in the MOA.
When must INC-20A be filed?
INC-20A must be filed within 180 days from the date of incorporation by a director of the company. The company should also have completed registered office verification under Section 12(2).
Which companies must file commencement of business?
Companies incorporated with share capital after the commencement of the relevant amendment must file the declaration before commencing business or exercising borrowing powers. This includes Pvt Ltd companies, OPCs, public companies, and other companies with share capital.
Can a company start business before filing INC-20A?
No. A company covered by Section 10A cannot commence business or exercise borrowing powers until the declaration is filed and subscriber capital payment is confirmed.
What proof is required for INC-20A?
Common proof includes company bank statement showing receipt of subscriber capital, subscriber-wise payment mapping, MOA subscriber details, registered office proof, and director declaration. Foreign subscriber cases may also need remittance proof such as FIRC / KYC documents.
What is the penalty for not filing INC-20A?
The company may face a penalty of ₹50,000. Every officer in default may face ₹1,000 per day during continuing default, subject to a maximum of ₹1,00,000 per officer.
Can RoC strike off a company for non-filing of INC-20A?
If INC-20A is not filed within 180 days and RoC has reasonable cause to believe that the company is not carrying on business or operations, action may be initiated for removal of the company name from the register.

Capital Received. INC-20A Filed. Business Started. Section 10A Compliant.

Partner with our Commencement of Business filing specialists for INC-20A filing, subscriber capital verification, registered office compliance, late filing, RoC notice response, penalty defence, and strike-off protection.

Talk to an INC-20A Filing Expert