What is the Time Limit for Filing Form INC-20A?

What is the Time Limit for Filing Form INC-20A?. In India, after registering a private limited company, promoters cannot commence business operations immediately without making that the subscription amount by all subscribers (first shareholders) as per the Memorandum of Association (MOA), INC-33 is fully paid and Form INC-20A is filed with the Ministry of Corporate Affairs (MCA) for the declaration of commencement of business. Until this form is filed, the company is not permitted to borrow funds from directors in the form of loans or carry out any operational activities. 
Recently, the MCA has been issuing multiple adjudication orders imposing substantial penalties on companies, whether startups, small companies, or One Person Companies (OPCs), for failing to comply with this requirement. Every company with share capital must declare that the subscribed amount has been paid in the agreed ratio through Form INC-20A before conducting business in India. 
As per Section 10A of the Companies Act, 2013, this declaration must be filed by a director with the Registrar of Companies (ROC) within 180 days from the date of incorporation and filing INC-20A is a mandatory compliance requirement post company registration, and failure to do so can lead to penalties of Rs.50,000 for the company and Rs.1,000 per day for each officer in default (capped at Rs.1,00,000). Furthermore, if the Registrar finds that a company has not filed the declaration within the prescribed time, they may initiate action to strike off the company’s name from the register under Chapter XVIII of the Companies Act 2013 and to avoid such serious consequences.
“If Registrar has reasonable cause to believe that the company is not carrying on any business or operations, he may, without prejudice to the provision of sub-section (8), cause a physical verification of the registered office of the company and if any default is found in complying with the requirements of sub- section (1), initiate action for the removal of the name of the company from the register of companies under Chapter XVIII”.
Due Date for Filing Form INC-20A
Situation -1: For companies incorporated normally: 180 days from incorporation.
Situation-2: For companies incorporated between April 1, 2019, and September 30, 2020 (COVID-19 relaxation): 360 days.
Provisions governing filing of e-Form INC-20A
• Section 10A of the Companies Act, 2013.
• Every Private Limited Company with share capital.
• The declaration in Form INC-20A must be filed within 180 days of incorporation.
• If INC-20A is not filed, the company’s name may be struck off from the register.
• Penalty for Non-Compliance:
Company: Rs.50,000 fine.
Directors (Each in Default): Rs.1,000 per day (up to Rs.1,00,000).
As per Section 10A(1)(a) of Companies Act, 2013 read with Rule 23A of the Companies (Incorporation) Rules, 2014, every company that is incorporated in India including foreign subsidiary company, after the Companies (Amendment) Ordinance, 2019, and has share capital cannot start its business or borrow money unless it meets two conditions namely:-
First, the directors must file a declaration in e-Form INC-20A within 180 days of the company’s incorporation, declaration must confirm 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. 
Secondly as per Section 10A(1)(b), the company must provide the Registrar with proof of its registered office , a picture inside & outside the building of the office and must ensure that the company board as per section 12 should be maintained for avoiding any future liability or non compliance. You must be aware of one another mandatory requirements under Section 12(3) of the Companies Act, 2013, which pertain to displaying company information on the Flex Board and Letterhead as follow:
Flex or Company Board outside the office of the Company:
Every company must have a flex board affixed outside each office or place of business containing the following details:
• Name of the Company
• Registered Office Details
• Corporate Identification Number (CIN)
• Mail ID
• Contact Number
• GST Number (if applicable)
Letterhead of the Company:
Every company must ensure that its letterhead, business letters, billheads, letter papers, notices, and official publications contain the following details:
• Name of the Company
• CIN
• Registered Office Address
• Contact Number
• Fax Number (if applicable)
• Email ID
• Website (if applicable)
If the company has changed its name in the last two years, the former name(s) must also be mentioned along with the current name in the specified documents.
What is Form INC-20A?
Form INC-20A is a mandatory declaration that must be filed with the Registrar of Companies (ROC) – MCA by all Private Limited Companies and other entities incorporated with share capital in India. This declaration serves as confirmation that the company has commenced its business operations and that each subscriber to the Memorandum of Association (MOA) has paid the agreed subscription amount for their shares.
As per the Companies Act, 2013, this form must be submitted within 180 days from the date of incorporation. It acts as a business commencement approval, ensuring that the company is not just registered in name but is operational. However, it is important to note that no separate certificate is issued upon filing; rather, its approval on the MCA portal serves as a deemed authorization to commence business activities.
Why is e-Form INC-20A Important?
Every company formed after the Companies (Amendment) Ordinance, 2019 is mandatorily required to file this e-Form within 180 days of its incorporation. Filing e-Form INC-20A helps prevent the creation of fake or inactive companies, ensuring that businesses are genuinely operating and not set up for fraudulent purposes. By submitting this form, companies demonstrate their adherence to legal compliances, which helps build trust and credibility among stakeholders.
Note: The re-introduction of Section 11, which was earlier omitted under the Companies (Amendment) Act, 2015, reinstated the requirement for a company having share capital to file a declaration before commencing business or exercising borrowing power. Non-compliance with Section 10A by an officer in default shall result in liability to a penalty instead of a fine
Who will sign form INC-20A ? 
The webform INC-20A shall be certified by a chartered accountant (in whole-time practice) or cost accountant (in whole-time practice) or company secretary (in whole-time practice) by digitally signing the webform. 
• In case the professional is a chartered accountant (in wholetime practice) or cost accountant (in whole-time practice) then enter the membership number. 
• In case the professional is a company secretary (in wholetime practice) then enter the certificate of practice number
Penalties and Consequences for Failure to File e-Form INC-20A
If a company fails to file e-form INC-20A, there are penalties. As per section 10A(2), in case of any default in filing of Form INC-20A, 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 for every day the default continues, but not exceeding an amount of one lakh rupees by issuing RD Adjudication order for non compliance for filing form INC-20A.
According to section 10A(3), a company has failed to file declaration in Form INC-20A 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, initiate action for the removal of the name of the company from the register of companies under Chapter XVIII.
Some Adjudication Orders cases where penalty imposed by RD for delay in filing of form INC-20A after 180 days from the date of Incorporation of company 
The Registrar of Companies (ROC) and Regional Directors (RDs) have recently issued multiple MCA ROC adjudication orders imposing heavy penalties on companies, regardless of whether they are startups, small companies, or One Person Companies (OPCs). Every company with share capital must file Form INC-20A to confirm that the subscription amount has been paid in full before initiating any business activity.
Case 1: 
MCA Adjudication order for non compliance of INC-20A in the matter of Finformation Consulting Private Limited, The company was incorporated on December 26, 2018, and was required to file e-form INC-20A within 180 days as per Section 10A of the Companies Act, 2013. However, the company filed the form late, with a delay of 109 days, on October 11, 2019. The Registrar of Companies, Kerala, examined the delay and issued an Adjudication Order on January 21, 2020, imposing a penalty of Rs. 50,000 on the company and Rs. 1,00,000 on the defaulting director, Shri. Sadar Arem Abdul Rasheed, as per the provisions of Section 10A(2) of the Act and Rule 23A of the Companies (Incorporation) Rules, 2014.
Case 2: 
MCA RD Adjudication order for delay filing of INC-20A in the matter of M/s. Visualyze Visual Analytics & Business Intelligence Private Limited, the company was incorporated on December 14, 2018, and was required to file e-form INC-20A within 180 days from the date of incorporation, as per Section 10A(1)(a) of the Companies Act, 2013. The company filed the e-form INC-20A late, with a delay of 43 days, on July 25, 2019, instead of within the 180-day timeframe. The Registrar of Companies, Kerala, examined the delay and issued an Adjudication Order on January 20, 2020, under Section 454(3) & (4) of the Companies Act, 2013. The company was penalized with a fine of Rs. 50,000. Additionally, the director in default, Shri. Rahul Renuka Thulaseedharan, was fined Rs. 43,000, calculated at Rs. 1,000 per day for each day of the 43-day delay.
What is MCA RD Adjudication Order and How to Reply to a Notice at MCA?
The MCA Regional Director (RD) Adjudication Order refers to a legal directive issued by the Ministry of Corporate Affairs (MCA) through the Regional Director (RD) or Registrar of Companies (ROC) against a company or its officers for non-compliance with provisions of the Companies Act, 2013. When a company fails to comply with legal or regulatory requirements, it may receive a Show Cause Notice (SCN) from the ROC, followed by MCA adjudication proceeding, which can result in penalties or enforcement actions. Reply to such show cause MCA legal notices requires careful legal and procedural compliance to avoid penalties and safeguard the company's interests.
Frequently Asked Questions (FAQs) on INC-20A
Q1. Who needs to file Form INC-20A?
Ans. As per Section 10A of the Companies Act, 2013, every company incorporated in India having share capital must file this form within 180 days of incorporation to confirm that it has commenced business activities.
Q2. What is the purpose of Form INC-20A?
Ans. A company having share capital is required to file the declaration for commencement of business to the Registrar of Companies (ROC). As per Section 10A(1), the declaration must be filed by a director in Form INC-20A within 180 days from the date of incorporation.
Q3. What mandatory documents should be attached?
Ans. The following documents must be attached:
• Photograph of the Registered Office, showing the external building and inside office with at least one Director/Key Managerial Personnel (KMP) present.
• Bank statement or cash receipt as proof that every subscriber to the Memorandum has paid the value of the shares agreed to be taken by them on the date of making the declaration in Form INC-20A.
Q4. What happens if a company misses the deadline?
Ans. As per Section 10A(2) of the Companies Act, 2013, if a company does not file Form INC-20A within 180 days, the following penalties apply:
• The company shall be liable to a penalty of Rs.50,000.
• Every officer in default shall be liable to a penalty of Rs.1,000 per day, continuing until compliance is met, but not exceeding Rs.1,00,000.
Learn what if INC-20 A form by any company has not been filed within 180 days from Incorporation date ?
Q5. Can Form INC-20A be filed online?
Ans. Yes, Form INC-20A can be filed online through the MCA V3 portal by submitting the required details and documents.
Q6. Is there a penalty for late filing?
Ans. Yes, as per Section 10A(2), if a company fails to file Form INC-20A, the company shall be liable to a penalty of Rs.50,000, and each officer in default shall be liable to a penalty of Rs.1,000 per day until compliance, but not exceeding Rs.1,00,000.
Furthermore, according to Section 10A(3), if a company fails to file Form INC-20A within 180 days of incorporation, and the Registrar has reasonable cause to believe that the company is not carrying on business operations, he may initiate action for the removal of the company’s name from the register under Chapter XVIII.
Q7. What is the processing type of Form INC-20A?
Ans. Form INC-20A is a web-based form that is processed under Straight Through Processing (STP) mode, meaning that it is automatically recorded in the system without further processing. Therefore, all details in the form must be accurate, as there is no option for resubmission.
Q8. Can a company commence operations before filing Form INC-20A?
Ans. No, as per Section 10A(1), a company having share capital cannot commence business operations or exercise borrowing powers until Form INC-20A is filed and approved.
Q9. Is Form INC-20A applicable to all companies?
Ans. No, Form INC-20A applies only to companies having share capital. Companies without share capital are not required to file this form.
Q10. What is the government fee for filing Form INC-20A?
Ans. The government fee varies based on the company's authorized capital:
• Up to Rs.1,00,000 – Rs.200
• Rs.1,00,000 to Rs.5,00,000 – Rs.300
• Rs.5,00,000 to Rs.25,00,000 – Rs.400
• Rs.25,00,000 to Rs.1,00,00,000 – Rs.500
• More than Rs.1,00,00,000 – Rs.600
Q11. What is the consequence of providing incorrect information in Form INC-20A?
Ans. Since Form INC-20A is processed under STP mode, incorrect information can result in penalties under Section 447 of the Companies Act, 2013, including fines and legal action against the company and its officers.
Q12. Can a company appeal against penalties imposed for non-filing of INC-20A?
Ans. Yes, an appeal can be filed with the Regional Director (RD) or the National Company Law Tribunal (NCLT), depending on the penalty imposed.
Q13. Is it mandatory for private limited companies to file INC-20A?
Ans. Yes, all private limited companies with share capital must file this declaration within 180 days of incorporation.
Q14. Does a Section 8 company need to file Form INC-20A?
Ans. Yes, Section 8 companies are also required to file this form if a company incorporated with share Capital and if Section 8 companies are generally not required to file this form if incorporated as limited by guarantee or any company. 
Q15. Can Form INC-20A be revised after submission?
Ans. No, as it is processed in STP mode, there is no provision for resubmission or revision, automatically approved by MCA.
Q16. Can a company apply for an extension to file Form INC-20A?
Ans. No, there is no provision for an extension.,form must be filed within 180 days of incorporation only. 
Q17. What is the role of the Registrar of Companies (ROC) in Form INC-20A?
Ans. The ROC records the declaration. If a company fails to file INC-20A, the ROC may initiate strike-off or closure of company proceedings under Chapter XVIII.
Q18. Can a company receive funding before filing Form INC-20A?
Ans. No, a company cannot accept investments, loans, or undertake borrowing until Form INC-20A is filed and approved even from Directors Loan.
Q19. What happens if a company fails to file Form INC-20A and continues operations?
Ans. If a company does not comply and continues operations, it may be struck off from the ROC register, and directors may be disqualified from holding directorships in any other company under Section 164(2).
Q20. Can a company be restored after being struck off for non-filing of Form INC-20A?
Ans. Yes, under Section 252, a struck-off company or closed company can apply to the NCLT for restoration within 3 years.

In India, after registering a private limited company, promoters cannot commence business operations immediately without making that the subscription amount by all subscribers (first shareholders) as per the Memorandum of Association (MOA), INC-33 is fully paid and Form INC-20A is filed with the Ministry of Corporate Affairs (MCA) for the declaration of commencement of business. Until this form is filed, the company is not permitted to borrow funds from directors in the form of loans or carry out any operational activities.

Recently, the MCA has been issuing multiple adjudication orders imposing substantial penalties on companies, whether startups, small companies, or One Person Companies (OPCs), for failing to comply with this requirement. Every company with share capital must declare that the subscribed amount has been paid in the agreed ratio through Form INC-20A before conducting business in India.

As per Section 10A of the Companies Act, 2013, this declaration must be filed by a director with the Registrar of Companies (ROC) within 180 days from the date of incorporation and filing INC-20A is a mandatory compliance requirement post company registration, and failure to do so can lead to penalties of Rs.50,000 for the company and Rs.1,000 per day for each officer in default (capped at Rs.1,00,000). Furthermore, if the Registrar finds that a company has not filed the declaration within the prescribed time, they may initiate action to strike off the company’s name from the register under Chapter XVIII of the Companies Act 2013 and to avoid such serious consequences.

“If Registrar has reasonable cause to believe that the company is not carrying on any business or operations, he may, without prejudice to the provision of sub-section (8), cause a physical verification of the registered office of the company and if any default is found in complying with the requirements of sub- section (1), initiate action for the removal of the name of the company from the register of companies under Chapter XVIII”.

Due Date for Filing Form INC-20A

Situation -1: For companies incorporated normally: 180 days from incorporation.

Situation-2: For companies incorporated between April 1, 2019, and September 30, 2020 (COVID-19 relaxation): 360 days.

Provisions governing filing of e-Form INC-20A

• Section 10A of the Companies Act, 2013.

• Every Private Limited Company with share capital.

• The declaration in Form INC-20A must be filed within 180 days of incorporation.

• If INC-20A is not filed, the company’s name may be struck off from the register.

• Penalty for Non-Compliance:

Company: Rs.50,000 fine.

Directors (Each in Default): Rs.1,000 per day (up to Rs.1,00,000).

As per Section 10A(1)(a) of Companies Act, 2013 read with Rule 23A of the Companies (Incorporation) Rules, 2014, every company that is incorporated in India including foreign subsidiary company, after the Companies (Amendment) Ordinance, 2019, and has share capital cannot start its business or borrow money unless it meets two conditions namely:-

First, the directors must file a declaration in e-Form INC-20A within 180 days of the company’s incorporation, declaration must confirm 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.

Secondly as per Section 10A(1)(b), the company must provide the Registrar with proof of its registered office , a picture inside & outside the building of the office and must ensure that the company board as per section 12 should be maintained for avoiding any future liability or non compliance. You must be aware of one another mandatory requirements under Section 12(3) of the Companies Act, 2013, which pertain to displaying company information on the Flex Board and Letterhead as follow:

Flex or Company Board outside the office of the Company:

Every company must have a flex board affixed outside each office or place of business containing the following details:

• Name of the Company

• Registered Office Details

• Corporate Identification Number (CIN)

• Mail ID

• Contact Number

• GST Number (if applicable)

Letterhead of the Company:

Every company must ensure that its letterhead, business letters, billheads, letter papers, notices, and official publications contain the following details:

• Name of the Company

• CIN

• Registered Office Address

• Contact Number

• Fax Number (if applicable)

• Email ID

• Website (if applicable)

If the company has changed its name in the last two years, the former name(s) must also be mentioned along with the current name in the specified documents.

What is Form INC-20A?

Form INC-20A is a mandatory declaration that must be filed with the Registrar of Companies (ROC) – MCA by all Private Limited Companies and other entities incorporated with share capital in India. This declaration serves as confirmation that the company has commenced its business operations and that each subscriber to the Memorandum of Association (MOA) has paid the agreed subscription amount for their shares.

As per the Companies Act, 2013, this form must be submitted within 180 days from the date of incorporation. It acts as a business commencement approval, ensuring that the company is not just registered in name but is operational. However, it is important to note that no separate certificate is issued upon filing; rather, its approval on the MCA portal serves as a deemed authorization to commence business activities.

Why is e-Form INC-20A Important?

Every company formed after the Companies (Amendment) Ordinance, 2019 is mandatorily required to file this e-Form within 180 days of its incorporation. Filing e-Form INC-20A helps prevent the creation of fake or inactive companies, ensuring that businesses are genuinely operating and not set up for fraudulent purposes. By submitting this form, companies demonstrate their adherence to legal compliances, which helps build trust and credibility among stakeholders.

Note: The re-introduction of Section 11, which was earlier omitted under the Companies (Amendment) Act, 2015, reinstated the requirement for a company having share capital to file a declaration before commencing business or exercising borrowing power. Non-compliance with Section 10A by an officer in default shall result in liability to a penalty instead of a fine

Who will sign form INC-20A ?

The webform INC-20A shall be certified by a chartered accountant (in whole-time practice) or cost accountant (in whole-time practice) or company secretary (in whole-time practice) by digitally signing the webform.

• In case the professional is a chartered accountant (in wholetime practice) or cost accountant (in whole-time practice) then enter the membership number.

• In case the professional is a company secretary (in wholetime practice) then enter the certificate of practice number

Penalties and Consequences for Failure to File e-Form INC-20A

If a company fails to file e-form INC-20A, there are penalties. As per section 10A(2), in case of any default in filing of Form INC-20A, 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 for every day the default continues, but not exceeding an amount of one lakh rupees by issuing RD Adjudication order for non compliance for filing form INC-20A.

According to section 10A(3), a company has failed to file declaration in Form INC-20A 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, initiate action for the removal of the name of the company from the register of companies under Chapter XVIII.

Some Adjudication Orders cases where penalty imposed by RD for delay in filing of form INC-20A after 180 days from the date of Incorporation of company

The Registrar of Companies (ROC) and Regional Directors (RDs) have recently issued multiple MCA ROC adjudication orders imposing heavy penalties on companies, regardless of whether they are startups, small companies, or One Person Companies (OPCs). Every company with share capital must file Form INC-20A to confirm that the subscription amount has been paid in full before initiating any business activity.

Case 1:

MCA Adjudication order for non compliance of INC-20A in the matter of Finformation Consulting Private Limited, The company was incorporated on December 26, 2018, and was required to file e-form INC-20A within 180 days as per Section 10A of the Companies Act, 2013. However, the company filed the form late, with a delay of 109 days, on October 11, 2019. The Registrar of Companies, Kerala, examined the delay and issued an Adjudication Order on January 21, 2020, imposing a penalty of Rs. 50,000 on the company and Rs. 1,00,000 on the defaulting director, Shri. Sadar Arem Abdul Rasheed, as per the provisions of Section 10A(2) of the Act and Rule 23A of the Companies (Incorporation) Rules, 2014.

Case 2:

MCA RD Adjudication order for delay filing of INC-20A in the matter of M/s. Visualyze Visual Analytics & Business Intelligence Private Limited, the company was incorporated on December 14, 2018, and was required to file e-form INC-20A within 180 days from the date of incorporation, as per Section 10A(1)(a) of the Companies Act, 2013. The company filed the e-form INC-20A late, with a delay of 43 days, on July 25, 2019, instead of within the 180-day timeframe. The Registrar of Companies, Kerala, examined the delay and issued an Adjudication Order on January 20, 2020, under Section 454(3) & (4) of the Companies Act, 2013. The company was penalized with a fine of Rs. 50,000. Additionally, the director in default, Shri. Rahul Renuka Thulaseedharan, was fined Rs. 43,000, calculated at Rs. 1,000 per day for each day of the 43-day delay.

What is MCA RD Adjudication Order and How to Reply to a Notice at MCA?

The MCA Regional Director (RD) Adjudication Order refers to a legal directive issued by the Ministry of Corporate Affairs (MCA) through the Regional Director (RD) or Registrar of Companies (ROC) against a company or its officers for non-compliance with provisions of the Companies Act, 2013. When a company fails to comply with legal or regulatory requirements, it may receive a Show Cause Notice (SCN) from the ROC, followed by MCA adjudication proceeding, which can result in penalties or enforcement actions. Reply to such show cause MCA legal notices requires careful legal and procedural compliance to avoid penalties and safeguard the company's interests.

Frequently Asked Questions (FAQs) on INC-20A

Q1. Who needs to file Form INC-20A?

Ans. As per Section 10A of the Companies Act, 2013, every company incorporated in India having share capital must file this form within 180 days of incorporation to confirm that it has commenced business activities.

Q2. What is the purpose of Form INC-20A?

Ans. A company having share capital is required to file the declaration for commencement of business to the Registrar of Companies (ROC). As per Section 10A(1), the declaration must be filed by a director in Form INC-20A within 180 days from the date of incorporation.

Q3. What mandatory documents should be attached?

Ans. The following documents must be attached:

• Photograph of the Registered Office, showing the external building and inside office with at least one Director/Key Managerial Personnel (KMP) present.

• Bank statement or cash receipt as proof that every subscriber to the Memorandum has paid the value of the shares agreed to be taken by them on the date of making the declaration in Form INC-20A.

Q4. What happens if a company misses the deadline?

Ans. As per Section 10A(2) of the Companies Act, 2013, if a company does not file Form INC-20A within 180 days, the following penalties apply:

• The company shall be liable to a penalty of Rs.50,000.

• Every officer in default shall be liable to a penalty of Rs.1,000 per day, continuing until compliance is met, but not exceeding Rs.1,00,000.

Learn what if INC-20 A form by any company has not been filed within 180 days from Incorporation date ?

Q5. Can Form INC-20A be filed online?

Ans. Yes, Form INC-20A can be filed online through the MCA V3 portal by submitting the required details and documents.

Q6. Is there a penalty for late filing?

Ans. Yes, as per Section 10A(2), if a company fails to file Form INC-20A, the company shall be liable to a penalty of Rs.50,000, and each officer in default shall be liable to a penalty of Rs.1,000 per day until compliance, but not exceeding Rs.1,00,000.

Furthermore, according to Section 10A(3), if a company fails to file Form INC-20A within 180 days of incorporation, and the Registrar has reasonable cause to believe that the company is not carrying on business operations, he may initiate action for the removal of the company’s name from the register under Chapter XVIII.

Q7. What is the processing type of Form INC-20A?

Ans. Form INC-20A is a web-based form that is processed under Straight Through Processing (STP) mode, meaning that it is automatically recorded in the system without further processing. Therefore, all details in the form must be accurate, as there is no option for resubmission.

Q8. Can a company commence operations before filing Form INC-20A?

Ans. No, as per Section 10A(1), a company having share capital cannot commence business operations or exercise borrowing powers until Form INC-20A is filed and approved.

Q9. Is Form INC-20A applicable to all companies?

Ans. No, Form INC-20A applies only to companies having share capital. Companies without share capital are not required to file this form.

Q10. What is the government fee for filing Form INC-20A?

Ans. The government fee varies based on the company's authorized capital:

• Up to Rs.1,00,000 – Rs.200

• Rs.1,00,000 to Rs.5,00,000 – Rs.300

• Rs.5,00,000 to Rs.25,00,000 – Rs.400

• Rs.25,00,000 to Rs.1,00,00,000 – Rs.500

• More than Rs.1,00,00,000 – Rs.600

Q11. What is the consequence of providing incorrect information in Form INC-20A?

Ans. Since Form INC-20A is processed under STP mode, incorrect information can result in penalties under Section 447 of the Companies Act, 2013, including fines and legal action against the company and its officers.

Q12. Can a company appeal against penalties imposed for non-filing of INC-20A?

Ans. Yes, an appeal can be filed with the Regional Director (RD) or the National Company Law Tribunal (NCLT), depending on the penalty imposed.

Q13. Is it mandatory for private limited companies to file INC-20A?

Ans. Yes, all private limited companies with share capital must file this declaration within 180 days of incorporation.

Q14. Does a Section 8 company need to file Form INC-20A?

Ans. Yes, Section 8 companies are also required to file this form if a company incorporated with share Capital and if Section 8 companies are generally not required to file this form if incorporated as limited by guarantee or any company.

Q15. Can Form INC-20A be revised after submission?

Ans. No, as it is processed in STP mode, there is no provision for resubmission or revision, automatically approved by MCA.

Q16. Can a company apply for an extension to file Form INC-20A?

Ans. No, there is no provision for an extension.,form must be filed within 180 days of incorporation only.

Q17. What is the role of the Registrar of Companies (ROC) in Form INC-20A?

Ans. The ROC records the declaration. If a company fails to file INC-20A, the ROC may initiate strike-off or closure of company proceedings under Chapter XVIII.

Q18. Can a company receive funding before filing Form INC-20A?

Ans. No, a company cannot accept investments, loans, or undertake borrowing until Form INC-20A is filed and approved even from Directors Loan.

Q19. What happens if a company fails to file Form INC-20A and continues operations?

Ans. If a company does not comply and continues operations, it may be struck off from the ROC register, and directors may be disqualified from holding directorships in any other company under Section 164(2).

Q20. Can a company be restored after being struck off for non-filing of Form INC-20A?

Ans. Yes, under Section 252, a struck-off company or closed company can apply to the NCLT for restoration within 3 years.