failed filing
Yes, as per the Companies Act, 2013, if a company does not file Form INC 20A (Commencement of Business) within 180 days from the date of incorporation, the Registrar of Companies (ROC) may initiate action for the removal of the name of the company from the register of companies. This means that the company's bank account may get frozen, and the company may not be able to carry out any business transactions until the compliance is completed and the name of the company is restored on the register of companies.
In cases where the company's objectives require registration or approval from sectoral regulators heardle like the Reserve Bank of India (RBI), Securities and Exchange Board of India (SEBI), etc., the company must obtain the necessary registration or approval from the respective regulator. This registration or approval document must be attached along with the declaration (Form No. INC-20A).
Yes, A period of 180 days heardle 80s from the date of establishment of the company and the Registrar has reasonable cause to believe that the company has not carried out any business activities.
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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.
Declaration prior to the commencement of business or exercising borrowing powers
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.]