THINGS TO KNOW BEFORE YOU REGISTER-INC 20A
Form INC 20A is used to furnish the declaration of commencement of business within 180 days of incorporation of company with the ROC that “every subscriber to MOA has paid the values of shares agreed to be taken by him on the that of declaration” and the form shall be verified by a CS, CA or Cost Accountant in practice.
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INTRODUCTION
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Form INC 20A is used to furnish the declaration of commencement of business within 180 days of incorporation of company with the ROC that "every subscriber to MOA has paid the values of shares agreed to be taken by him on the that of declaration" and the form shall be verified by a CS, CA or Cost Accountant in practice.
APPLICABILITY
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As per section 10A of Companies Act 2013, every company incorporated on or after 02/11/2018 having share capital must file, a declaration in form INC 20A within 180 days of incorporation of company, to commence its business or exercise any borrowing power. Provided that if company pursuing objects requiring approval or registration from any sectoral regulators such as Reserve Bank of India, SEBI etc. than the registration or approval shall also be obtained and attached with the declaration.
DUE DATES
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Within 180 days from the date of incorporation of company.
PENALTY
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Penalty in case of non-filing of form INC 20A-
a. Company liable to pay Rs. 50000
b. Every officer in default liable to pay Rs. 1000 per day of default upto maximum of Rs. 100000.
CONSEQUENCES
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1. Company cannot start business.
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2. Company cannot borrow money.
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3. Registrar may initiate action for removal of the name of the company.
EXEMPTIONS
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1. Companies incorporated befor 02/11/2018
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2. Companies incorporated after 02/11/2018 but not having share capital.