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INC 20A

inc20a

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As per section 10A of the Companies Act, 2013, Form INC 20A is a one-time declaration for commencement of business. It contains the declaration that all the subscribers to the MOA have paid the total value of the shares.

  • Companies required to file Form 20A
  • Companies incorporated after the commencement of the Companies (Amendment) Ordinance, 2018), i.e., after 2nd November 2018
  • Companies incorporated without share capital after 2nd November 2018
  • Time period for filing Form INC 20A

All companies are required to file Form INC 20a has to file the same within 180 days of its corporation.  

In simple words, no company can begin any business or exercise any borrowing power unless they file the declaration in form INC 20A. 

Pre-conditions/documents for filing Form 20a

  • The company must have a separate bank account with the company’s name.
  • Subscriber proof of payment of shares, i.e., bank statement/NEFT/IMPS receipts 
  • Company’s registration certificate 
  • A practicing CA/CS/CMA shall certify the form with DSC.

Fees for filing Form 20A

The filing fees of Form INC 20a depends upon the share capital of the company:

Nominal Share Capital (In Rs.)

Fees for filing Form 20a (In Rs.)

less than 1,00,000

200

1,00,000 or above but less than5,00,000

300

5,00,000 or above but less than 25,00,000

400

25,00,000 or above but less than1,00,00,000

500

1,00,00,000 or above

600

 

Besides that, if the company fails to file the form within the stipulated time, then the company has to pay the additionallate filing fees:

Nominal Share Capital

Applicable Fees in (Rs)

Up to 30 days

2x of normal fees

More than 30 days but up to 60 days

4x of normal fees

More than 60 days but up to 90 days

6x of normal fees

More than 90 days but up to 180 days

10x of normal fees

More than 180 days

12x of normal fees

 

Consequences of not filing Form 20A

In case of default, the company and the officers are liable to pay the penalty as follow:

Penalty provisions

On the company

Rs. 50,000

On the officers in default

Rs. 1,000 per day until the default continues. However, the maximum penalty on the officers shall be Rs. 1,00,000.

Strike – off the name of the company

The company registrar can remove the name of the company from the registrar of companies if the company has not commenced its business operations after 180 days of incorporation.

 

 

 

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