INC 20A is a declaration of commencement of business that every company must file if the company's date of incorporation falls on or after 2nd Nov 2018. Furthermore, the company must file INC-20A within 180 days of the company's incorporation.
(1) Every company incorporated on or before the 31st December, 2017 shall file theparticulars of the company and its registered office, in e-Form ACTIVE (Active Company Tagging Identities and Verification) on or before 15.06.2019.
How to apply for Form INC 20A ?
- Visit the MCA Portal.
- Click on MCA Services. Select Company Forms Download.
Prior to Companies Act, 2013, a private company or public company not having share capital was not required to obtain the certificate of commencement of business, only a public limited company having share capital was required to obtain the certificate of commencement of business.
Form 20A is in
STP Mode (Auto Approved) and No Certificate will be issued by Department for approval of Form 20A.
Declaration for Commencement of Business (FORM NO. INC-20A) By Divya Saluja.
| Nominal Share Capital | Normal Fees |
|---|
| 25,00,000-99,99,999 | Rs 500 |
| 1,00,00,000 or More | Rs 600 |
There is no prohibition/restriction under the Act, 2013 for receiving the subscription money in cash (i.e. not through account payee cheque or other banking channel). However, the Company and/or subscribers have to comply with the provisions of the Income Tax Act with regard to cash transaction.
MGT-7 is an electronic form provided by the Ministry of Corporate affairs to all the corporates in order to fill their annual return details. This e-form is maintained by the Registrar of Companies via electronic mode and on basis of the statement of correctness given by the company.
DPT-3 for Financial Year 2020-21 can be Filed upto 31st August, 2021.
Documents Required for Company Registration
- Passport.
- Election Card or Voter Identity Card.
- Ration Card.
- Driving License.
- Electricity Bill.
- Telephone Bill.
- Aadhaar Card.
Rights of the Members
- Right to receive notice of meetings, attend, to take part in the discussion and vote at the meetings.
- Right to transfer the shares [in case of public companies].
- Right to receive copies of the Annual Accounts of the company.
Purpose of the eForm Registrar needs to be informed about the order of Court or Tribunal or any other competent authority for which the company or liquidator has to file eForm INC-28 with RoC informing about the order, which may take the form of approval or extension of time or condonation of non- compliance.
The Full form of INC is Indian National Congress, also called as the Congress Party or simply Congress.
Every company other than Government company shall file a onetime return of outstanding receipt of money or loan by a company but not considered as deposits, in terms of clause (c) of sub-rule 1 of rule 2 from the 01st April, 2014 to 31st March, 2019, as specified in Form DPT-3 within “ninety days from 31st March, 2019”
DPT–3 form is the statement return which is required to be filed by every company other than a Government Company and a class of company specify, which has accepted deposits under section 73 of the Companies Act, 2013 ('Act') and rules made thereunder.
According to the Companies Act, only an individual can be appointed as a member of the board of directors. Usually, the appointment of directors is done by shareholders. A company, association, a legal firm with an artificial legal personality cannot be appointed as a director.
As per MCA system a Company can't file any form without filing of e-form INC-20A with ROC.
Subscribers proof of payment for value of shares i.e, Bank statement of company having all credit entries, for documenting the receipt of subscription money received from all subscribers to MOA. If the form is not filled within the given time, the company cannot start its business and cannot Borrow Money.
Form DIR – 12 has to be filed with the Registrar within 30 days from the date of resignation of the director along with the prescribed fees and the necessary attachments.
Remark: Form ADT-1 is not required to submit before ROC at the time of appointment of first auditor of Company under section 139(6) or 139(7) of CA, 2013. However, for good practice, Form ADT-1 should be also filed in case of appointment of first auditor.
Commencement of the Business.
- Promotion of a Company: A business enterprise does not come into existence on its own.
- Registration of a Company. It is registration that brings a company into existence.
- Certificate of Incorporation.
- Certificate of Commencement of Business.
The first directors are chosen by the subscribers to the memorandum. Their names, disclosable personal details and consent signatures must be on form IN01 which is submitted to the Registrar of Companies as part of the process of registering a company.
Every company incorporated on or before 31st December 2017 to file the e-form ACTIVE (which is e-Form 22A) which gives particulars of the Company and its Registered Office . This form is required to be filed once only and not every year.
Step by Step Process to File MCA E-Form INC-22A with Format
- Step 1: Basic details of the form including company name, registered address, registered email id.
- Step 2: Number of directors along with the name and status of DIN.
- Step 3: Details of the statutory auditors.
Change in Registered OfficeOnce the Board Resolution is obtained, e-Form INC – 22 must be filed within 15 days of the date when the resolution was passed.
The ministry of corporate affairs has introduced a new form i.e. Form PAS-6 (Reconciliation of Share Capital Audit Report on a half-yearly basis) which is basically used for the reconciliation of the share capital audit report on a half-year basis.
A company that fails to adhere to the compliances is called a defaulting company. The Companies Fresh Start Scheme (CFSS) is applicable between the 1st of April, 2020 and the 30th of September, 2020 for the defaulting and inactive companies.
Form AOC 4 is used to file the financial statements for each financial year with the Registrar of Companies (ROC). In the case of consolidated financial statements, the company shall file the AOC 4 CFS.
All the companies failing to file form ACTIVE were marked as “ACTIVE Non-compliant” by Ministry of Corporate Affairs (MCA). A company marked as ACTIVE Non-compliant is restricted from filing multiple forms on the Ministry of Corporate Affairs (MCA) portal.
In case a company is under management dispute and the same has been informed and registered by the jurisdictional ROC, filing of ACTIVE is permitted and required to file ACTIVE even if the financial statement and Annual Return is not filed.
