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Form 20-A is a declaration required to be filled by the directors of a company at the time of commencement of business. There is a requirement as per the Companies (Amendment) ordinance 2018 under which all the companies that have a share capital and registered after 2nd November 2018 need to file a certificate of commencement of business. Know More


 

Form 20 A: Declaration for the commencement of the Business

  Form 20-A is a declaration required to be filled by the directors of a company at the time of commencement of business. There is a requirement as per the Companies (Amendment) ordinance 2018 under which all the companies that have a share capital and registered after 2nd November 2018 need to file a certificate of commencement of business.
 

Verification of declaration under FORM 20-A

The verification is done by a company secretary, a cost accountant or a chartered accountant in practice.

Time Duration for filing FORM 20-A

The time limit for filing the declaration under FORM 20-A is 180 days from the date of incorporation of the company.

Companies Exempted from filing FORM 20-A

Below are the companies which have been exempted from filing form 20-A:
  1. Any company which has been incorporated before the Companies (Amendment) Ordinance of 2018 i.e. before 2/11/2018.
  2. Any company without share capital even if such a company is incorporated after 2/11/2018.

Documents required for filing FORM 20-A

  1. Business commencement certificate
  2. Board Resolution – Declaration from the Directors
  3. Bank Statements of the Company
  4. In the case of Sectoral regulators
  1. Regulators name
  2. Registration number/ Letter number
  3. Date of registration/approval.
  1. If NBFC (Non-Banking Financial Company) – COI (Certificate of Incorporation) by RBI

If Form20-A not complied -

Exceptionally high penalties will be imposed which are:
  1. Company: shall be liable to Rs. 50,000 as fine.
  1.   Directors: shall be liable for Rs.1000 per day for default up to maximum Rs.1 lakh.
iii. Strike off: ROC may strike off the company if not done within 180 days.  

Fees chargeable for filing Form 20A

  1. The fee levied for companies having a share capital and filing form 20A are as follows:
  1. Where share capital is less than Rs 1,00,000 a fee of Rs.200.
  2. Where share capital is between Rs 1,00,000 to Rs.4,99,999 a fee of Rs.300.
  3. Where share capital is between Rs 5,00,000 to Rs. 24,99,999 a fee of Rs. 400.
  4. Where share capital is between Rs 25,00,000 to Rs. 99,99,999 a fee of Rs. 500.
  5. Where share capital is above Rs 1,00,00,000 or above a fee of Rs.600.
  1. The fee for filing eForm by companies with no share capital is Rs. 200.
  1. In case of delay in filing the form, additional charges are levied on a company which are as follows:
    1. Two times of standard fees for up to 30 days.
    2. Four times the standard fees for above 30 days but not exceeding 60 days.
    3. Six times the standard fees above 60 days but not exceeding 90 days.
    4. Ten times the standard fees above 90 days but not exceeding 180 days.
    5. Twelve times the standard fees for above 180 days.

How Taxolawgy can help you get Form 20-A?

  1. Firstly, we give you the best services at affordable prices.
  2. Easy to use online services.
  3. Also, reduces service timeline through minimum paperwork.

Procedure for filing FORM 20-A

  1. Fill eForm with the ROC (Registrar of Companies) for obtaining Business Commencement Certificate
Duration: Should be obtained within 180 days from the date of incorporation
  1. A declaration from the directors in the form of ‘Board Resolution’ has to be provided along with the eForm.
  2. The Bank statement of the companies having all the credit entries for receipt of subscription money received from the subscribers to the Memorandum of Association.
  3. If the company is regulated by any of the sectoral regulators, then the information required is:
  1. Regulators name
  1.   Registration number/ Letter number
iii.  Date of registration/approval
  1. In the case of Non-banking financial companies, the certificate of registration issued by R.B.I. is required.