Essential Documents Required for Filing Form INC-20A
Filing Form INC-20A requires a specific set of documents and information to be accurately prepared and attached.
These documents serve as proof that the company has fulfilled the necessary conditions to commence business operations, particularly concerning its share capital.
1. Bank Statement of the Company
- Purpose: This is the most crucial document. It must clearly show that the entire amount of the subscribed share capital (as stated in the Memorandum of Association) has been deposited into the company’s bank account by the subscribers.
- Details: The statement should cover the period from the date of incorporation up to the date of declaration, explicitly showing the credit entries from all subscribers for their respective share contributions. It’s often recommended to show transactions for at least the initial 30-60 days.
2. Board Resolution
- Purpose: A copy of the Board Resolution passed by the company’s directors is required. This resolution formally authorizes a director to sign and file Form INC-20A and confirms that the company has received the subscription money from its shareholders.
- Details: The resolution should explicitly state the decision to commence business, the confirmation of share capital receipt, and the authorization for the specific director to file the form.
3. Digital Signature Certificate (DSC) of the Authorized Director
- Purpose: The form must be digitally signed by a director of the company who is authorized to do so by the Board Resolution.
- Details: The DSC must be active and registered on the MCA portal for the concerned director’s DIN.
4. Director Identification Number (DIN) of the Authorized Director
- Purpose: The DIN of the director signing the form is a mandatory field in Form INC-20A.
Note: Stamp duty charges and government fees for Private Company registration may vary depending on the company’s location and authorized capital. For complete details, check our comprehensive guide on Private Limited Company registration fees in India.
5. Digital Signature Certificate (DSC) of the Practicing Professional
- Purpose: Form INC-20A must be certified by a practicing professional—either a Chartered Accountant (CA), Company Secretary (CS), or Cost Accountant (CMA). Their DSC is required for this certification.
- Details: The professional’s membership number and whether they are an Associate or Fellow member must also be provided.
6. Certificate of Incorporation (for reference)
While not always a direct attachment to the e-form, the details from the Certificate of Incorporation (like CIN and Date of Incorporation) are essential for filling out the form accurately.
7. Proof of Registered Office Address (if not already filed or updated)
- Purpose: The form requires a declaration that the company has filed the verification of its registered office as per Section 12(2) of the Companies Act, 2013 (typically through Form INC-22). While often completed during incorporation, ensure this compliance is met.
- Details: If there were any changes or this was not fully compliant during incorporation, relevant proofs like a utility bill (not older than 2 months) or a rent agreement might be implicitly required to support the declaration.
8. Approvals from Sectoral Regulators (if applicable)
- Purpose: For companies whose objects require registration or approval from specific sectoral regulators (e.g., Reserve Bank of India for NBFCs, SEBI, IRDAI), such approvals must be obtained and attached.
- Details: This would include a copy of the registration certificate, approval letter, or any other relevant document issued by the respective regulatory body.
9. Photographs of the Registered Office
- While not explicitly listed as a mandatory attachment in the official MCA instruction kit for INC-20A, many professionals advise attaching geo-tagged photographs of the company’s registered office.
- Details: These usually include an external view of the building with the company signboard and an internal view of the office, ideally showing at least one director/Key Managerial Personnel (KMP) to substantiate genuine operations.
Step-by-Step Procedure for Filing Form INC-20A
Filing Form INC-20A, the “Declaration for Commencement of Business,” is a crucial step for newly incorporated companies with share capital in India.
1. Log in to the MCA Portal
- Visit the official MCA website: mca.gov.in
- Log in using your registered user ID and password. If you don’t have one, you’ll need to register as a “Registered User.”
2. Download e-Form INC-20A
- Navigate to “MCA Services” -> “e-Filing” -> “Company Forms Download” or “Company e-Filing”.
- Search for and download “e-Form INC-20A – Declaration for Commencement of Business.” Ensure you download the latest version.
3. Fill in the Form Details
- Open the downloaded e-Form using a compatible PDF reader (like Adobe Acrobat Reader).
- Enter the Corporate Identification Number (CIN) of your company. Once entered, the system will auto-populate certain details like the company name and registered office address.
- Enter the Date of Incorporation.
- Declare that every subscriber to the memorandum has paid the value of shares agreed to be taken by them on the date of making the declaration.
- Confirm that the company has filed the verification of its registered office as per Section 12(2) of the Companies Act, 2013 (usually done via Form INC-22 during incorporation).
- Provide details of any approval or registration obtained from sectoral regulators, if applicable.
- Enter the Digital Signature Certificate (DSC) details of the director signing the form (DIN, Designation, Date of signing).
4. Attach Required Documents
Click the “Attach” button within the form to upload the necessary documents:
- Bank statement showing the receipt of subscription money.
- Board Resolution (if required as a separate attachment).
- Approvals from sectoral regulators (if applicable).
- Any other optional attachments like geo-tagged photos of the registered office.
Ensure all attachments are in PDF or JPG format and within the prescribed size limits (usually up to 2MB per attachment).
5. Pre-fill and Check Form
- After filling in all details and attaching documents, click the “Pre-fill” button to verify the data against MCA records.
- Click the “Check Form” button to validate if all mandatory fields are correctly filled and there are no errors. Rectify any errors indicated.
6. Affix Digital Signatures
- Affix the DSC of the director authorized to sign the form.
- Affix the DSC of the practicing professional (CA/CS/CMA) certifying the form, along with their membership number.
7. Upload the Form
- Save the completed e-Form.
- Go back to the MCA portal.
- Navigate to “MCA Services” -> “Upload e-Forms.”
- Browse and select your saved INC-20A PDF form.
- Click “Upload.”
8. Make Payment
- Upon successful upload, the system will generate a Service Request Number (SRN).
- You will be redirected to the payment gateway.
- Pay the applicable fees based on your company’s nominal share capital. Be aware of additional fees for delayed filing.
- You can pay online using Net Banking, Credit/Debit Card, or UPI.
9. Acknowledgement
- Once the payment is successful, a payment challan will be generated. You should save this for your records.
- An acknowledgment email with the SRN will be sent to your registered email ID.
- The form will go into “processing” mode. For INC-20A, it is often processed under the Straight Through Process (STP) mode, which means it is often approved automatically without manual checks if all data is correct.
- You can track the status of your form using the SRN on the MCA portal.
Due Date & Fees for Form INC-20A Filing
The due date for filing Form INC-20A, the declaration for commencement of business, is within 180 days of the company’s incorporation. Late filing attracts penalties, with the fee increasing based on the delay.
Fee for Filing Form INC-20A
Fee for filing eForm for companies having share capital: