Chartered Accountant
86500 Points
Joined April 2011
Penalty for Not Obtaining Commencement of Business Certificate
The penalty for non-compliance is very high as under:
Penalty Levied on Company
Any company that does not obtain commencement of business certificate within 180 days of incorporation will be liable for payment of a penalty of Rs.50,000.
Penalty Levied on Directors
Each of the Directors who have defaulted would be liable for payment of a penalty of Rs.1000 per day of default upto a maximum of Rs.1 lakh.
Company Strike-Off
Also, after 180 days of incorporation, if the Registrar has reasonable cause to believe that the company is not carrying on any business or operations, he/she may initiate action for the removal of the name of the company from the register of companies (i.e. Company Strike-off).
Fee for Obtaining Commencement of Business Certificate
The Government fee for obtaining Commencement of Business Certificate is as below:
Nominal Share Capital
|
Fee applicable
|
Less than 1,00,000
|
Rupees 200
|
1,00,000 to 4,99,999
|
Rupees 300
|
5,00,000 to 24,99,999
|
Rupees 400
|
25,00,000 to 99,99,999
|
Rupees 500
|
1,00,00,000 or more
|
Rupees 600
|
If a company does not have share capital, a fee of Rs.200 would be applicable. Further, in case of late filing of application for Commencement of Business certificate, additional or higher Government fee as mentioned below would be applicable on top of the penalty payable.
Period of delays
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All forms
|
Up to 30 days
|
2 times of normal fees
|
More than 30 days and up to 60 days
|
4 times of normal fees
|
More than 60 days and up to 90 days
|
6 times of normal fees
|
More than 90 days and up to 180 days
|
10 times of normal fees
|
More than 180 days
|
12 times of normal fees
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