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
₹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
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.
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