SENTHIL SELVENDRAN (chartered accountant) (202 Points)
19 May 2015Dear Members
I have incorporated one private limited company on July 2014 under new companies act 2013, sofar certificate of commencement of business not applied. They start doing business by simply opening a bank account in a nationalised bank.
Now, Can we go and apply form INC 21? They have brought their subscripttion money full. Kidly let me know the procedures for further actions.
P C Agrawal
(Registered independent director Past Ch)
(8229 Points)
Replied 19 May 2015
It is not clear whether the company has in fact commenced business activity or not. Simply opening Bank account is not commencement of business. In any case, declaration in INC.21 is required to be filed before commencement of business and not after commencement of business. Hence if business has been started, default will still be there. One option could be not to take any action now and get the offence compounded in case of receipt of any notice in this regard. Section 11 is being deleted vide Companies (Amendment) Bill 2015.
ACS Anjali Jain
(SERVICE - CS)
(472 Points)
Replied 19 May 2015
What is the status showing in MCA's master data
SENTHIL SELVENDRAN
(chartered accountant)
(202 Points)
Replied 19 May 2015
Dear Members
First i would thank to Shri.P.C.Agrawal.
The company status showing active.
They have commenced their business from the date of incorporation.
CA Shruti Gupta
(CMA FINAL CS Final)
(1434 Points)
Replied 20 May 2015
sir it means for a private limited company , there is no need to apply for commencement of business certificate??
simply incorpotion certificate is sufficient.
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