clarification
eForm INC-20A is required to be filed pursuant to Pursuant to Section 10A(1)(a) of the Companies Act, 2013 and Rule 23A of the Companies (Incorporation) Rules, 2014, which are reproduced for your reference.
Section 10A:
(1) A company incorporated after the commencement of the Companies (Amendment) Ordinance, 2018 and having a share capital shall not commence any business or exercise any borrowing powers unless—
(a) a declaration is filed by a director within a period of one hundred and eighty days of the date of incorporation of the company in such form and verified in such manner as may be prescribed, with the Registrar that every subscriber to the memorandum has paid the value of the shares agreed to be taken by him on the date of making of such declaration; and
(b) The company has filed with the Registrar a verification of its registered office as provided in sub-section (2) of section 12.
(2) If any default is made in complying with the requirements of this section, the company shall be liable to a penalty of fifty thousand rupees and every officer who is in default shall be liable to a penalty of one thousand rupees for each day during which such default continues but not exceeding an amount of one lakh rupees.
(3) Where no declaration has been filed with the Registrar under clause (a) of sub-section (1) within a period of one hundred and eighty days of the date of incorporation of the company and the Registrar has reasonable cause to believe that the company is not carrying on any business or operations, he may, without prejudice to the provisions of sub-section (2), initiate action for the removal of the name of the company from the register of companies under Chapter XVIII.]
Rule 23A: Declaration at the time of commencement of business.-
The declaration under section 10A by a director shall be in Form No, lNC-20A and shall be filed as provided in the Companies (Registration Offices and Fees) Rules, 2014 and the contents of the said form shall be verified by a company Secretary or a chartered Accountant or a cost Accountant. in practice: Provided that in the case of a company pursuing objects requiring registration or approval from any sectoral regulators such as the Reserve Bank of India, Securities and Exchange Board of India, etc., the registration or approval, as the case may be from such regulator shall also be obtained and attached with the declaration.
INC-20 A : Declaration prior to the commencement of business or exercising borrowing powers
|
Fee Rules S.No |
Purpose of the form |
Normal Fee |
Additional Fee (Delay Fee) |
Logic for Additional Fees |
Remarks |
|
Event Date |
Time limit(days) for filing |
||||
|
1. |
Commencement of business and exercising borrowing powers. |
The Companies (Registration Offices and Fees) Rules, 2014 |
The Companies (Registration Offices and Fees ) Rules, 2014 |
Date of incorporation of company |
180 days
|
On successful submission of the eForm INC-20A, SRN will be generated and shown to the user which will be used for future correspondence with MCA.
On successful submission of the eForm INC-20A, challan will be generated depicting the details of the fees paid by the user to the Ministry. It is the acknowledgement to the user that the eForm has been filed.
No any Certoficate will be granted by MCA.
Hello All,
There were three foreign Directors in a Company who left in middle because of some conflicts with Indian Directors. There DINs are deactivated and therefore, the Company is not able to file Form DIR-12 for their removal from the records as the DINs will not get pre filled.
The are not ready to provide documents and OTP either to file the KYC. How can we remove them? Please help.
director foreign deactivation Will resignation of a partner from the LLP within one year of conversion from company to LLP will attract capital gain tax although the profit sharing of the remaining partner will be more than 50per cent??
Click here to view / answer Share it onpartner resignation
Good Morning Members!
Kindly confirm me can we appoint a new director in a dormant company.
company dormant director appointment
Hello Everyone!
Is PAS-3 required to be filed every time in following situations where partly paid Equity Shares are issued:
1. On allotment of Shares?
2. On receipt of Call Money?
filing requirement
Dear All,
Good Morning!
Please Tell me what are requirements we need for the Incorporation of Public Limited Company And Requirements and documentation for name Approval of Public Limited Company.
company public incorporation
Dear Friends,
In case of buy-back of a private limited company, is it mandatory to attach the valuation certificate along with SH-8/ 9?
Secondly, where there are foreign shareholders taking part in the buy-back do we have to file form FC-TRS with RBI
I have a query on CSR liability calculation.
To arrive at the Net profit for the purposes of calculation is the remuneration and bonus paid to directors is allowed as an expenses or it needs to be disallowed and added back to net profit??
As I understand the net profit as per section 198 is PBT and PBT is after allowing these expenses.
Please clarify.
calculation liability query
Dear All,
If a Company Net Profit Before Tax for the year 2018-19 exceeds 5 crores whereas Net Profit after Tax does not exceed 5 crores.
Whether CSR shall be applicable to such Company?
applicability 
Dear Ma'am,
yes,
The two forms are to be filed separately
INC-22- is for the verification of registered office
INC-20A- is to make a declaration for carrying out the activities of the company after such verification and receipt of the subscription amount from the subscribers.