Overview

The Ministry of Corporate Affairs (MCA) mandates that every company having a share capital must file a Declaration for Commencement of Business with the Registrar of Companies (RoC). This declaration is submitted through Form INC-20A via the MCA portal.

Objective: To simplify the process of declaring the commencement of business for newly incorporated companies.

Form INC-20A is governed by the following laws:

  • Section 10A(1)(a) of the Companies Act, 2013
  • Rule 23A of the Companies (Incorporation) Rules, 2014
RequirementDetails
Who must file?Any company having share capital
Who files the declaration?A Director of the company
Filing deadlineWithin 180 days from the date of incorporation
Filing authorityRegistrar of Companies (RoC)

How to Access Form INC-20A on MCA Portal

Follow these steps to navigate to the INC-20A form on www.mca.gov.in:

  1. Go to the MCA Services menu in the top navigation bar.
  2. Click on Company e-Filing.
  3. Select Informational Services.
  4. Click on INC-20A — Declaration for Commencement of Business.

Login to Access the Form

Before you can file Form INC-20A, you must be logged in:

  • Use the Sign In / Sign Up tab on the top navigation bar to register or log in.
  • Once logged in, you can access MCA services through My Workspace, including:
    • Uploading E-Forms
    • Making payments
    • Annual E-Filing

Step-by-Step Guide to Filling Form INC-20A

Step 1: Enter Basic Company Details

Fill in the following information on the first section of the form:

  • CIN (Corporate Identification Number): Enter the CIN directly, or search using the Company Name.
  • Longitude and Latitude: Enter the geographic coordinates of the registered office.
  • Sectoral Regulator: Specify whether the company’s activities are regulated by a sectoral regulator such as:
    • RBI (Reserve Bank of India)
    • SEBI (Securities and Exchange Board of India)
    • IRDAI (Insurance Regulatory and Development Authority of India)
    • Any other applicable regulator
  • Number of Shareholders: Enter the number of shareholders the company wishes to report.

Click the Next button to proceed.

Step 2: Attach Documents and Enter Declarations

In this section, you need to provide supporting documents and declarations:

Mandatory Attachment

  • Photograph of the Registered Office showing:
    • External view of the building
    • Inside view of the office
    • At least one Director or Key Managerial Personnel (KMP) must be visible in the photograph

Optional Attachments

  • Any additional supporting documents (if applicable)

Declarations

  • Director’s Declaration: Enter the declaration along with the approved DIN (Director Identification Number).
  • Certificate by Practicing Professional: A Chartered Accountant, Company Secretary, or Cost Accountant must provide this certificate.

Click the Next button to proceed.

Step 3: Review and Submit the Form

  • Carefully review the complete form for accuracy before submission.
  • Click the Submit button to submit the form.

Step 4: SRN Generation

  • Upon successful submission, Form INC-20A is assigned a SRN (Service Request Number).
  • Note down the SRN for future reference and tracking.
  • Click OK to proceed.

Step 5: Upload DSC (Digital Signature Certificate)

  • Upload the DSC-affixed document to authenticate the filing.
  • Click on Proceed to Payment button.

Summary Checklist

Before filing Form INC-20A, make sure you have the following ready:

  • Company’s CIN or Company Name
  • Geographic coordinates (Longitude & Latitude) of the registered office
  • Information on sectoral regulator (if applicable)
  • Number of shareholders to be reported
  • Photograph of the registered office (with Director/KMP visible)
  • Director’s DIN (approved)
  • Certificate from a Practicing Professional
  • Digital Signature Certificate (DSC)
  • Payment of ₹3,900 (online or offline)

Important Notes

Deadline: The INC-20A declaration must be filed within 180 days of the company’s date of incorporation. Failure to do so may result in penalties and the registrar may initiate a process of striking off of the company.

Who can certify? The certificate in INC-20A must be issued by a Chartered Accountant (CA), Company Secretary (CS), or Cost and Management Accountant (CMA) in practice.

DSC is mandatory: The form must be digitally signed using a valid and approved DSC of the Director filing the declaration.

Conclusion

Filing Form INC-20A is a crucial compliance step for all newly incorporated companies in India that have share capital. It signifies that the company has received the subscription amount from its shareholders and is ready to commence its business operations. The MCA portal makes this process straightforward with both online and offline payment options available.

For more information, visit the official MCA portal: www.mca.gov.in

This article is based on the MCA Form INC-20A Guide by MCA. Always verify with the latest MCA guidelines and instructions before filing.