File Form INC-20A - declare commencement of business on time

Form INC-20A is the 'Declaration of Commencement of Business' form filed with the ROC under Section 46A of the Companies Act, 2013. It is mandatory for every newly incorporated company to confirm that they have received the minimum subscription (if any), that directors have paid for their shares, and that the registered office is operational. Without this filing, the company cannot legally commence business operations.

Form INC-20A must be filed within 180 days of the date of incorporation. The date of incorporation is the date mentioned on the Certificate of Incorporation issued by MCA. For example, if your company was incorporated on January 1, 2026, Form INC-20A must be filed by June 29, 2026 (180 calendar days).

If you miss the 180-day deadline, the company faces: (1) A late filing penalty of ₹100 per day under Section 47 of the Companies Act, (2) Risk of the ROC initiating strike-off proceedings under Section 248, (3) Directors may face disqualification under Section 164 for non-compliance. Contact us immediately if you are past the deadline - we handle late filing with penalty payment and additional ROC disclosures.

Required documents include: (1) Bank statement showing deposit of share application money or share capital, (2) Certificate of Incorporation from MCA, (3) PAN of the company, (4) DSC of a director or manager, (5) Director declarations confirming minimum subscription received and registered office operational, (6) Details of share capital and director shareholding.

Yes. Form INC-20A requires a bank statement showing that the share application money or share capital has been deposited in the company's bank account. If the company does not have a bank account yet, one should be opened before filing INC-20A. Some companies file INC-20A after incorporating through SPICe+ but before opening a bank account - this is not possible because the bank statement is a mandatory attachment.

If the company's MoA ( Memorandum of Association) specifies a minimum subscription amount, Form INC-20A requires a declaration that this minimum subscription has been received. Many modern MoAs do not specify a minimum subscription. In that case, the director simply declares that no minimum subscription is specified. If there is a minimum subscription and it has not been fully received, the company should not file INC-20A until it is.

There is no government fee for Form INC-20A itself. However, late filing attracts a penalty of ₹100 per day under Section 47 of the Companies Act. If the company is struck off and needs to be revived, additional fees apply.

Yes, you can file INC-20A after the company has already started operations, as long as it is within 180 days of incorporation. Many companies start operations informally before filing INC-20A. However, all contracts entered into before INC-20A filing are technically entered into before the company was authorized to do business. We recommend filing INC-20A at the earliest opportunity.

SPICe+ (Simplified Proforma for Incorporating Company) is the form for incorporating a new company under Section 7 of the Companies Act, 2013. It results in the issuance of a Certificate of Incorporation. INC-20A is a separate form filed after incorporation to declare commencement of business under Section 46A. Every company incorporated via SPICe+ must separately file INC-20A.

Yes. Section 8 companies (companies formed for promoting commerce, art, science, religion, charity, or other useful objects) must also file Form INC-20A within 180 days of incorporation. Additionally, if the Section 8 company has not yet obtained a license under Section 8, it cannot file INC-20A until the license is granted.

Yes, but the change of registered office must be filed separately using Form INC-22. The address mentioned in the Certificate of Incorporation is the initial registered office. If the company moves to a different address before filing INC-20A, it must first file Form INC-22 to record the new registered office, and then file INC-20A confirming the new registered office is operational.

Before INC-20A is filed, the company's status on the MCA portal is typically shown as 'Active (under incorporation)' or 'Active'. While this status allows the company to be visible on the MCA portal, the company cannot legally enter into contracts, open bank accounts in its name, obtain GST registration, or borrow funds in its own name until INC-20A is filed and approved.

No. Form INC-20A is a one-time filing per company. Once filed and approved, no further INC-20A filings are required. The company is then considered to have commenced business and subsequent filings are AOC-4 (annual accounts), MGT-7 (annual return), and DIR-3 KYC for directors.

If the company has not received any share capital, it cannot truthfully file INC-20A claiming that minimum subscription has been received. The directors should inject the required share capital before filing INC-20A. Delaying the filing beyond 180 days to accumulate capital is counterproductive - the ₹100/day penalty will far exceed any benefit of waiting.

Go to the MCA portal (www.mca.gov.in), select 'MCA Services', then 'View Company/LLP Master Data', and enter the company's CIN. The filing status will show whether INC-20A has been filed. You can also check the company's filing history under 'Inspect Public Documents' on the MCA portal.

Yes. Our CA team can file INC-20A on behalf of your company. We need the company's MCA credentials (login and password), DSC of an authorized director, and the supporting documents listed above. We prepare the form, attach all documents, file it, and track the approval. We can also arrange for a new DSC if needed.