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INC-20A Filing: Declaration of Commencement

INC-20A filing is the declaration that every subscriber to the memorandum has paid for the shares agreed to be taken, made within 180 days of incorporation under Section 10A of the Companies Act, 2013. It is a declaration, not a certificate. StampMitra checks the bank proof, arranges the professional verification and files the form.

What INC-20A is and the law behind it

Form INC-20A is the declaration that every subscriber to the memorandum has paid the value of the shares agreed to be taken. It comes from Section 10A of the Companies Act, 2013, which applies with effect from 2 November 2018, and Rule 23A of the Companies (Incorporation) Rules, 2014.

Who needs INC-20A

Companies with share capital incorporated on or after 2 November 2018.

  • Required
  • Not required: older companies
  • Not required: no share capital
  • Not required: LLPs
  • Not the old Section 11 certificate
  • Not INC-22 and not a licence

INC-20A at a glance

The facts in one table.

  • Legal basis: Section 10A, Companies Act, 2013 and Rule 23A, Companies (Incorporation) Rules, 2014
  • Time limit: Within 180 days of the date of incorporation (Section 10A(1))
  • Signed by: A director with a DSC
  • Verified by: A practising CA, CS or Cost Accountant (Rule 23A)
  • Government fee: ₹200 to ₹600 by the company's nominal share capital (₹200 below ₹1 lakh, ₹300, ₹400, ₹500, ₹600 for ₹1 crore or more); late
  • Renewal: None. It is a one-time filing

Documents for INC-20A

The core set, and the items that apply only in some cases.

  • Bank statement of subscription money
  • Board resolution
  • Certificate of incorporation and MoA
  • Registered office photographs
  • Latitude and longitude of the registered office
  • DSC of the signing director

How INC-20A is filed

The official sequence on MCA21 V3.

Find your INC-20A deadline

Enter the date of incorporation.

If INC-20A is late, and if business starts before it

Two different things: an additional fee for lateness, and a penalty for acting before the declaration.

  • Late filing: additional fee: On the normal fee, from 1 July 2022: up to 30 days 2 times; up to 60 days 4 times; up to 90 days 6 times; up
  • Penalty under Section 10A(2): the company: ₹50,000, decided by the Registrar
  • Penalty under Section 10A(2): each officer in default: ₹1,000 for every day the default continues, up to ₹1,00,000

Why INC-20A is rejected and how to avoid it

The subscription money cannot be traced to each subscriber's own account, because it was pooled or paid by a third party.

  • The subscription money cannot be traced to each subscriber's own account, because it was pooled or paid by a third party.
  • INC-22 was not filed or approved where the registered office needed verification.
  • The registered office photograph is unclear, or no director appears in the interior shot.
  • The subscriber list does not match the share capital paid.
  • The professional's membership number or the DSC has a problem.

What StampMitra does for you

StampMitra is a filing assistance platform. It is not the government and not a law firm.

  • Form drafting
  • Bank proof check
  • Professional verification
  • Portal submission

How it works

  1. Collect the subscription money Each subscriber pays the share amount into the company's bank account; keep the bank statement.
  2. Verify the registered office File INC-22 if the registered office was not verified at incorporation.
  3. Prepare the resolution and declaration Pass the Board resolution and prepare the director's declaration.
  4. Verify, sign and file A practising professional verifies, a director signs with the DSC, and INC-20A is filed on MCA21 V3 with the fee.

Frequently asked questions

What is INC-20A?

A declaration that every subscriber to the memorandum has paid for the shares agreed to be taken, required by Section 10A of the Companies Act, 2013.

What is the deadline?

180 days from the date of incorporation.

Who is exempt?

Companies incorporated before 2 November 2018, and companies without share capital. LLPs are outside the Companies Act.

Can we trade or borrow before filing?

No. A company with share capital cannot commence business or exercise its borrowing powers until INC-20A is filed.

Who certifies the form?

A practising Chartered Accountant, Company Secretary or Cost Accountant verifies it, and a director signs with a DSC.

Does the ROC issue a Commencement of Business Certificate?

No. The old Section 11 certificate no longer exists. INC-20A is a declaration, and the filing acknowledgement is your record.

What is the penalty for not filing?

Filing late costs an additional fee of 2 to 12 times the normal fee. Separately, if business or borrowing began before the declaration, Section 10A(2) allows ₹50,000 on the company and ₹1,000 a day, up to ₹1,00,000, on each officer in default, decided by the Registrar. A reduced penalty under Section 446B may be argued but is not assured.

Is INC-22 needed as well?

Only if the registered office was not verified at incorporation. In that case the INC-22 receipt is part of the INC-20A documents.

What if a subscriber has not paid the full amount?

The declaration must be true. Speak to the verifying professional before anything is filed. We can arrange this for you.

What happens if the ROC thinks the company is not operating?

The ROC can remove the name under Section 10A(3) if no declaration is filed in 180 days, or start proceedings under Section 248 for a company that has not commenced business in a year. Restoring a struck-off company needs the NCLT.