Commencement of business and its provisions as per companies act, 2013



Quick Summary
Companies incorporated after the Companies (Amendment) Ordinance, 2019, must file e-Form 20A with the Registrar of Companies (ROC) within 180 days of incorporation. This declaration confirms that all subscribers to the Memorandum of Association have paid for their shares. Additionally, a verification of the registered office (e-Form 22) must be filed. Business activities cannot commence until these forms are submitted. Failure to comply can result in penalties for the company and its officers, and the ROC may even initiate the removal of the company's name from the register.

As per Section 10A Sub-Section (1) every Company incorporated after the commencement of the Companies (Amendment) Ordinance, 2019 and having a share capital shall not commence any business or exercise any borrowing power unless- A declaration is filed by a director within the period of 180
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FAQ :

A company must file e-Form 20A with the ROC, declaring that subscribers have paid for their shares, and also file e-Form 22 verifying the registered office. This must be done within 180 days of incorporation.

e-Form 20A must be filed within 180 days of the company's incorporation.

If e-Form 20A is not filed within 180 days, the company faces a penalty of ₹50,000, and officers in default are liable for ₹1,000 per day, up to a maximum of ₹1,00,000. The ROC can also start the process to remove the company's name from the register.

No, e-Form 20A does not signify the commencement of business. Any business activity can only be undertaken after filing e-Form 20A.

Yes, if sector-specific regulators like SEBI, IRDA, RBI, or RERA need to grant permission for the commencement of business, this permission must be attached to e-Form 20A.


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About the Author

CS

Associate Company Secretary and Management Graduate and pursuing Law.


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