When is Form INC-20A due after incorporation?
What Form INC-20A records, which companies must file it under section 10A, the 180 day window from incorporation, and how to confirm the current position through MCA.
In this guide
Form INC-20A is the declaration a company with share capital files with the Registrar before it commences business or exercises borrowing powers. It is filed under section 10A within 180 days of incorporation, and it records that every subscriber has paid the value of the shares agreed to be taken. A company that misses the window cannot start business. Confirm the current form version on the MCA portal before filing.
What is Form INC-20A?
Form INC-20A is the declaration a newly incorporated company files with the Registrar before it starts business or borrows. The MCA form itself cites section 10A(1)(a) of the Companies Act, 2013 and rule 23A of the Companies (Incorporation) Rules, 2014. The incorporation certificate is not that declaration. INC-20A is the separate filing that says the subscribers have actually paid for their shares.
Until it is filed, the company is on the register but it is not free to commence business or to exercise borrowing powers. That is the point of the form, and it is why a first invoice or a first loan before INC-20A is a problem.
Which companies must file INC-20A?
Section 10A applies to a company having a share capital. A private or public company limited by shares, incorporated after the provision came into force in November 2018, is the usual case. A company limited by guarantee with no share capital sits outside that wording.
The form is filed by a director authorised by the board. The company files it, not the professional who handled incorporation, and the company carries the consequence if it is late.
When does the 180 days start?
The declaration is to be filed within 180 days of incorporation. That date is on the Certificate of Incorporation. It is not the date the bank account was opened, and it is not the date the first subscriber cheque cleared.
| Element | What it decides |
|---|---|
| Certificate of Incorporation | The start of the 180 day count. |
| 180 day window | The period within which the company must file INC-20A. |
| Share capital | The trigger that brings the company inside section 10A. |
A company that waits for the first customer, or for a director to return from travel, can watch the window close while nothing operational has happened. File once the subscription money is in and the registered-office verification the form asks for is ready.
Can the 180 days be extended?
No. Section 10A(1)(a) fixes 180 days from the date of incorporation and gives no extension route. A company past day 180 files INC-20A with the additional fee and carries the section 10A(2) penalty exposure, because the bar on commencing business lifts only when the declaration is actually filed.
Which companies fall outside section 10A?
Section 10A reaches a company incorporated after the Companies (Amendment) Act, 2019 came into force and having a share capital. A company limited by guarantee with no share capital is outside that wording and files no INC-20A. Companies incorporated before that commencement date are governed by the position that applied to them at incorporation.
What does the INC-20A declaration say?
The director declares that every subscriber to the memorandum has paid the value of the shares agreed to be taken, and that the paid-up capital is not less than that amount. The filing attaches proof of that receipt, typically the bank statement that shows the subscription money, and it confirms the registered office.
The practical sequence is incorporation, then collection of subscription money into the company's account, then INC-20A. Filing before the money is in is a common way to end up resubmitting.
What is the penalty for late INC-20A?
Section 10A(2) sets a penalty of ₹50,000 on the company and ₹1,000 for each day of continuing default on every officer in default, subject to a maximum of ₹1 lakh per officer. Until INC-20A is filed the company also cannot commence business or exercise borrowing powers, so a first sale or a first loan in that gap is the company acting without the declaration the Act requires.
Late filing additionally attracts an additional fee on the same graded basis as other company forms. Section 10A(3) gives the Registrar a path that can end in removal of the company's name where no declaration has been filed within 180 days and the Registrar has reasonable cause to believe the company is not carrying on business.
How do I check the INC-20A form version?
- Open the MCA INC-20A page for the live form text, which cites section 10A(1)(a) and rule 23A.
- Read section 10A on India Code for the 180 day window, the ₹50,000 company penalty in section 10A(2) and the striking-off route in section 10A(3).
- Check any MCA notification that changes the form or the fee.
- Fix the incorporation date and count 180 days from the certificate.
- Collect proof that every subscriber has paid, then file.
Why do INC-20A filings get resubmitted?
- Treating the Certificate of Incorporation as enough to start trading.
- Counting 180 days from the bank-account opening date.
- Raising an invoice or taking a loan before the form is filed.
- Filing before the subscription money is visible in the company's account.
- Assuming a company without share capital has the same filing.
Where are INC-20A changes notified?
INC-20A form versions and fee changes are notified by MCA, and the commencement rule itself changes only by amendment to section 10A of the Companies Act, 2013. Complied AI keeps MCA updates in one feed so you can open the source notification behind a change instead of relying on an old incorporation checklist. For the registered-office verification a new company also faces, read our Form INC-22A (ACTIVE) guide.
Practical checks
Common questions
What is Form INC-20A?
Form INC-20A is the declaration for commencement of business. A company with share capital files it with the Registrar under section 10A of the Companies Act, 2013, read with rule 23A of the Companies (Incorporation) Rules, 2014. It confirms that every subscriber to the memorandum has paid the value of the shares agreed to be taken.
When is INC-20A due?
Form INC-20A is due within 180 days of the date of incorporation under section 10A(1)(a) of the Companies Act, 2013. Count from the date on the Certificate of Incorporation, not from the date the bank account was opened or the first invoice was raised. There is no extension route in the section, so a company past day 180 files late with the additional fee.
Does every new company file INC-20A?
No. Section 10A reaches a company incorporated after the Companies (Amendment) Act, 2019 came into force and having a share capital, so a private or public company limited by shares files INC-20A. A company limited by guarantee with no share capital sits outside that wording. Confirm your own constitution before treating the form as optional.
What happens if INC-20A is not filed?
A company that has not filed INC-20A cannot commence business or exercise borrowing powers. Section 10A(2) sets a penalty of ₹50,000 on the company and ₹1,000 a day on every officer in default, capped at ₹1 lakh. Section 10A(3) also lets the Registrar begin action to remove the company's name from the register.
We raised our first invoice before filing INC-20A. Is that a problem?
Yes. Section 10A(1) bars a company with share capital from commencing any business before the INC-20A declaration is filed, so an invoice raised earlier is business done without the declaration. The default carries a ₹50,000 penalty on the company plus ₹1,000 a day on each officer in default, capped at ₹1 lakh. File INC-20A before trading resumes.
Can the 180 day INC-20A window be extended?
No. The 180 day period in section 10A(1)(a) runs from the date of incorporation and there is no extension mechanism in the section. A company past day 180 files INC-20A late with the additional fee and carries the section 10A(2) penalty exposure. Filing late is still better than not filing, because the trading bar lifts only on filing.
Do we need a bank statement to file INC-20A?
Yes in practice. Form INC-20A declares that every subscriber has paid the value of the shares agreed to be taken, so the filing attaches proof of receipt, normally the company bank statement showing the subscription money credited. Filing before that money appears in the company account is the usual cause of a resubmission request from the Registrar.
Is INC-20A the same as Form INC-22?
No. Form INC-20A is the section 10A declaration of commencement of business, filed once within 180 days of incorporation. Form INC-22 notifies the registered office address under section 12 of the Companies Act, 2013. A new company with share capital may need both, but they are separate filings with separate triggers.
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How this guide was prepared
This guide is published by the Complied AI research desk. Its source list and stated position were checked against the official records shown below on 25 August 2026.
Automation, including AI, may assist research, drafting and structure. It does not replace the official record or amount to an independent professional review. Read our editorial standards and corrections policy.
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