Commencement of Business Certificate (INC-20A)
Quick Answer
Commencement of Business Certificate Registration India is a mandatory filing under Section 10A of the Companies Act, 2013 for every company incorporated after 2 November 2018. This certificate, filed via e-form INC-20A, confirms that the company has received its subscription money and commenced business operations.
Commencement of Business Certificate (INC-20A) — detailed explanation below
Governing Act — Commencement of Business Certificate Registration India
The requirement for Commencement of Business Certificate Registration India is governed by Section 10A of the Companies Act, 2013. This section was introduced to ensure that companies do not remain dormant after incorporation. It mandates that every company incorporated after 2 November 2018 must file a declaration of commencement of business within 180 days of incorporation.
Government Department & Website for Commencement of Business Certificate Registration India
The filing is made with the Ministry of Corporate Affairs (MCA) through its online portal at www.mca.gov.in. The e-form INC-20A is submitted on the MCA21 portal. No physical submission is required.
Commencement of Business Certificate Registration India Application Process
The process for Commencement of Business Certificate Registration India involves the following steps:
- Open a bank account in the company's name and receive subscription money from directors or members.
- Prepare a declaration by a director confirming that the company has received money for its shares and has commenced business or will commence within 180 days.
- Log in to MCA21 portal and fill e-form INC-20A with the required details.
- Attach the declaration and other documents as specified.
- Pay the prescribed fee and submit the form.
- Receive the certificate of commencement of business from the Registrar of Companies (ROC).
Key Forms Required for Commencement of Business Certificate Registration India
The primary form is e-form INC-20A. Supporting documents include:
- Declaration by a director (in Form INC-20A itself)
- Proof of registered office (utility bill, rent agreement, etc.)
- Bank statement showing receipt of subscription money
- Copy of the certificate of incorporation
- Memorandum and Articles of Association (if not already filed)
Eligibility Criteria for Commencement of Business Certificate Registration India
Every company incorporated under the Companies Act, 2013 on or after 2 November 2018 must file INC-20A. The company must have:
- A registered office address
- Received subscription money for its shares (minimum amount as per the Act)
- Filed its incorporation documents with the ROC
- Not more than 180 days have passed since incorporation
Timeline for Commencement of Business Certificate Registration India
The filing must be made within 180 days from the date of incorporation. No extension is available. If the company fails to file within this period, the ROC may initiate action for striking off the company's name from the register.
Fees for Commencement of Business Certificate Registration India
The government fee for filing INC-20A is as follows:
| Authorised Share Capital | Fee (INR) |
|---|---|
| Up to ₹1,00,000 | ₹200 |
| ₹1,00,001 to ₹5,00,000 | ₹300 |
| ₹5,00,001 to ₹25,00,000 | ₹500 |
| Above ₹25,00,000 | ₹1,000 |
Additional professional charges may apply if you engage an advocate or a professional.
Frequently Asked Questions
What is Commencement of Business Certificate Registration India?
Commencement of Business Certificate Registration India is a mandatory filing under Section 10A of the Companies Act, 2013. It is a declaration that the company has received subscription money and has commenced business operations. It must be filed within 180 days of incorporation.
Who needs to file Commencement of Business Certificate Registration India?
Every company incorporated on or after 2 November 2018 under the Companies Act, 2013 must file Commencement of Business Certificate Registration India. This includes private limited companies, public limited companies, and one-person companies.
What happens if I miss the deadline for Commencement of Business Certificate Registration India?
If you fail to file Commencement of Business Certificate Registration India within 180 days of incorporation, the Registrar of Companies may initiate action to strike off the company's name from the register. The company will also be unable to commence business until the filing is made.
What documents are needed for Commencement of Business Certificate Registration India?
For Commencement of Business Certificate Registration India, you need a declaration by a director, proof of registered office, bank statement showing receipt of subscription money, and the company's incorporation certificate.
Can I file Commencement of Business Certificate Registration India online?
Yes, Commencement of Business Certificate Registration India is filed online through the MCA21 portal using e-form INC-20A. No physical submission is required.
Is Commencement of Business Certificate Registration India required for existing companies?
No, Commencement of Business Certificate Registration India is only required for companies incorporated after 2 November 2018. Existing companies that were already carrying on business before this date are not required to file.
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