INC-20A: The Complete Ultimate Guide
INC-20A Commencement of Business under Companies Act, 2013
When you incorporate a new
private company or public company in India, the first major legal
requirement after incorporation is filing the INC-20A — Declaration for
Commencement of Business.
Failure to file this one form can lead to huge late fees, penalties, company
strike-off, and even disqualification of directors.
This ultimate guide covers everything
you will ever need to know about Form INC-20A, including:
✅ CHAPTER 1: What is INC-20A? (Simple Definition)
INC-20A is the Declaration
of Commencement of Business filed by a newly incorporated company with the Ministry
of Corporate Affairs (MCA).
It is filed after
incorporation but before starting any business or borrowing funds.
Official Meaning (in simple
words):
INC-20A is a declaration filed by
directors confirming that the company has received subscription money
from shareholders and is ready to commence business.
Legal Reference:
INC-20A is mandated under Section
10A of the Companies Act, 2013.
✅ CHAPTER 2: Purpose of INC-20A (INC-20A Purpose)
MCA introduced INC-20A to:
✔ Prevent fake/dummy
companies
✔ Ensure shareholders actually
deposit share capital
✔ Improve compliance
✔ Increase transparency
✔ Prevent money laundering through shell companies
In summary:
The purpose of INC-20A is to
ensure a company is genuine and legally eligible to start operations.
✅ CHAPTER 3: Applicability of INC-20A (INC-20A Applicability)
INC-20A must be filed by:
✔ Every company incorporated on
or after 2 November 2018
✔ Both Public and Private
Companies
✔ Companies having share
capital
❌ INC-20A is NOT applicable to:
- Companies without share capital
- LLPs
- Section 8 (if incorporated without share capital)
INC-20A Applicability Date
Effective from 2 November 2018,
when MCA notified Section 10A.
✅ CHAPTER 4: INC-20A Due Date
You must file INC-20A within
180 days (6 months) of incorporation.
Example:
If company is incorporated on 1 January 2025, due date = 30 June 2025.
✅ CHAPTER 5: Consequences of Missing the Due Date (INC-20A Penalty)
There are three levels of
consequences:
Late Filing Fees (INC-20A Late Fee / INC-20A Late Fees)
If you delay filing, MCA charges additional
fees per day as per Companies (Registration Offices and Fees) Rules.
More details in the "Late
Fees" chapter.
Penalty for Not Filing INC-20A (Penalty for INC-20A)
Company penalty: ₹50,000
Director penalty: ₹1,000 per
day
(Up to max ₹1,00,000)
Strike-off of Company
If you fail to file INC-20A
within 180 days, MCA may:
- remove your company name from the register
- start strike-off proceedings
- deactivate DINs of directors
✅ CHAPTER 6: INC-20A Fees (Filing Fees)
Filing fees depend on authorized
share capital.
Filing Fees Table (INC-20A
Fees)
|
Authorised Capital |
Filing Fees |
|
Up to ₹1,00,000 |
₹200 |
|
₹1,00,001 – ₹4,99,999 |
₹300 |
|
₹5,00,000 – ₹24,99,999 |
₹400 |
|
₹25,00,000 – ₹99,99,999 |
₹500 |
|
₹1 crore or more |
₹600 |
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