Form 21 - certificate of commencement

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This query is : Resolved

Nidhi Verma (Querist)

20 August 2014 Dear Experts,

I filed form 21 in respect of a public limited company in order to obtain certificate of commencement of business.

The SRN for the same is approved but soft copy of the certificate is not generated as there was no option online to get the same.

I filed online complaint on MCA portal which is closed today with remarks - "there is no provision for certificate of commencement of business under companies act 2013. please verify"

Someone told me that certificate of commencement of business will be mailed by MCA directly at company's registered office.

Kindly guide as to which statement is correct - Is certificate of commencement of business is applicable to public companies under companies act 2013 or not?

Thanks alot in advance

CS Mitesh Mehta

CS Mitesh Mehta (Expert)

20 August 2014 Certificate of commencement of business is applicable to every company having share capital (Whether Private or public company)- Section 11

Kindly note that No certificate of commencement will be issued by ROC

Nidhi Verma

Nidhi Verma (Querist)

20 August 2014 Thankyou so much mitesh,

Is it not mandatory for a company to have certificate of commencement of business in
its MOA/AOA booklet?

And, how the bank will open current account as they usually demand both the Certificate of Incorporation and Certificate of commencement of business

Is certificate of commencement of business is abolished altogether and only filing of form 21 will serve the purpose?

please reply..........thanks in advance

CS Mitesh Mehta

CS Mitesh Mehta (Expert)

21 August 2014 In case of bank account opening you can provide certificate of incorporation and e-form INC- 21 with challan which is a conclusive evidence.

Right now no certificate of commencement is issued by ROC hence you can't attach the same with MOA & AOA

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