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40 Important "Form Inc 20a” Questions and its Answers

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Can we transfer the shares to another director before filling INC 20A?

Without INC 20A, there is no business at all, whatever you want to do after INC 20A, Addition deletion etc

We have incorporated 2 months before. We did not commence any business and not filed inc-20a. I want to close the company. What will be the best way to do it?

You will have to wait for 1 year to close this company. If you have intention not to operate then simply cease to do any business. After 1 year please reach out to me at anjalibansalcs@gmail.com. I will…

108

While filing INC 20A showing din not matched with cin but all the details are correctly mentioned. What to do?

Hi, Due to the updation in the MCA portal from V2 to V3 this is the technical error that most of the companies are getting. You can write to mca helpdesk and also raise a ticket with crc for support. For…

264

MCA has removed form 20A from its site.How shall we download it?

Kindly wait till 22nd Jan after which you will be able to download and file it usually. MCA Portal is in upgrade mode hence the issues

388

We haven't filed inc -20A. The members haven't paid their subscription amount yet. The Company was incorporated 1.5 years back. The company hasn't done any business till date. Is there a way to revive the company now without the penalties?

There is no chance to revive with out late fees , you will file the INC 20 A with late fees and file current year annual fillings, any details contact algoadvpvt@gmail.com

145

I filed inc 20a of our company within 180 days form date of incorporation. But, by mistake, we attached our branch’s bank statement with the form. Now our head office’s bank account got blocked. What to do?

There is no reason that your bank account got blocked after filing INC 20A. You may please approach your bank for the reasons for blocking the account. It might be due for submission of KYC documents.

109

I had registered my company in Nov 2021. Anyhow Certf. of commencement of business(INC 20A) not applied yet . Now what's total penalty charges for filing it now. Which is better option? Close company & register new. Pls suggest how can you help us?

Dear Reader, A newly incorporated company needs to call their subscription money within 180 days from the date of incorporation, and the director needs to give a declaration to the registrar in…

A Producer Co incorporated on June 2021. Auth Cap 10 lac and paid up 1 lac. Deposited 5000 in bank on 6 Aug 2021. Now they have deposited rest 96k amount on Oct 2022. Rest 96k. Can we file INC 20A now as it is almost 17 months passed?

Yes you can file the inc 20a now as well with late fees

My bank is asking me to submit INC 20A. I gave challan filled for that but he is asking certificate. How to get that? I am assuming INC 20A was filled and then only CA was able to fill challan.

There's no Certificate for INC 20A Filing, just the Challan and Form is sufficient. Most of the Bankers have no idea about the same

180

Do I need to pay panalty for not filing INC 20A within 180 days, Because subscribers havent deposited subscription amount, and current account not opened, if I decides to strike of within year.

INC20A is a mandatory filing compliances that has to be done with late fees after 180 days

Can a director resign before filing INC-20A?

No he cannot, in fact no compliances can be done without INC 20A

252

How to pay the penalty on delayed filing of INC 20 A?

You have to simply login to mca portal, fill form INC-20A and upload it in mca portal, while uploading the form the penalty amount will be calculated automatically and you can pay the amount using net…

I have recently incorporated a pvt ltd company. (Less than a month). I have not applied for bank account or auditor and inc20a form as yet. Now i desire to close this company. What will be the procedure for it?

Once the CIN is generated, any form including strike off must be done after the INC 20A form.

Can a director resign before filing of INC 20A within 180 days of registration of company?

As per section 10A of the companies Act, 2013, any company which is incorporated after the commencement of Companies (Amendment) Ordinance, 2019 shall have to file the e-form INC-20A with the Registrar…

702

In one of my company the paid-up capital is 1,00,000/- with 50:50 holding by two directors. At the time of opening of bank account, one of the director's shares has been deposited from his husband's account, not from Director own account. So in that case can i file INC-20A?

Now deposit the from her account and print the bank statement highlight the share capital deposited amount and upload the same

A private limited was incorporated in the current financial year and now due to inactivity it needs to be closed.Form INC20A and Adt 1 has already been filed. My query is whether statement of accounts for closure can be signed by a different CA other than the CA i.e auditor already appointed.As the auditor appointed is unavailable to sign.

Yes it has to be ideally signed by the already appointed statutory auditor. If at all he is not available then show his resignation as casual vacancy and appoint a new Statutory Auditor and complete the…

While I am doing pre-Scutiny of the form INC-20A, it is showing error "registered office address is not updated in the system". What to do? Shall I file INC 22?

Yes.

1381

Can we go for share transfers before filing INC 20A with MCA?

No ideally. You should close the filing of INC-20A.

477

We incorporated company for 10 Lakhs and deposited check of 2 Lakhs as commencement capital. Can we modify the commencement capital from 10 lakhs to 2lakhs? What forms need to be submitted for change of capital then file form 20 a to be a complaint? We made 20 lakhs from the business so far. 10 lacs was both authorized and subscribed amount and instead of 10 lacs we had deposited only 2 lacs in companies account and commenced the business. What forms should be submitted to reduce the authorized and subscribed amount? Form MGT -14?

Regarding the contravention: The company has contravened the provisions of Section 10A of the Companies Act 2013. Penalty for contravention: the company shall be liable to a penalty…

We initially incorporated company for 10 Lakhs and deposited check of 2 Lakhs as commencement capital and started business. Can we modify the commencement capital from 10 lakhs to 2lakhs. What forms need to be submitted for change of capital then file form 20 a to be complaint? We made 20 lakhs from business so far

Yes, the share capital can be reduced from 10 lacs to 2 lacs. However, can you let me know, if 10 lacs was both authorised and subscribed amount and instead of 10 lacs you had deposited only 2 lacs…

206

I had opened an OPC which was incorporated on 29 Oct 2020. The third party misguided me between mandatory Compliances requirements between an OPC and Proprietorship Firm. OPC wasn't my need at all. So I did not Open any Current account and also did not file INC 20A or INC 22 as I wanted to strike off this OPC and deactivate my DIN, CIN etc. Now that the required One Year period will be over on 28 Oct 2021 for SKT - 2 ( Voluntary Strike Off), please guide me with process steps I need to follow and please do recommend good service provider for getting this done with details of charges all-inclusive of Service Charge and MCA fees.

In the given scenario best option is to leave the company as it is and mca will itself mark the company strike off and your DIN, CIN will be inactive.

How to download INC 20A ?

You can visit www.mca.gov.in and go to download forms to download the form. To know more, you may write to me at anjalibansalcs@gmail.com

2935

What will happen if I have not filed INC 20A ?

In case of failure of filing Form 20A with the ROC, Company shall be liable for penalty of 50,000/- and every officer shall be liable to penalty of Rs. 1,000/- for each day till…

584

Who is required to file INC 20a ?

As per Section 10A, every Company, incorporated after the date of the ordinance i.e. 2nd November, 2018, is obliged to file a declaration in E-Form 20A with the Registrar of Companies within…

When to file INC 20a ?

It is to be filed within a period of 180 days from the date of incorporation.

Does a One Person Company (OPC Pvt Ltd) in India need to file annual return or any compliance document before its commencement of business (Form INC 20A) ?

Filing for commencement of business is required to be flied within 180 days from incorporation. However, there are certain important compliances that it needs to comply immediately after its incorporation.…

1584

Is it possible for the company name to be stricken off if we have not got current account opened or filed INC 20A?

Yes we can close the company

1663

What will happen if we have not filed INC 20A within 180 days after registration of company ?

You can file e-Form INC 20 A with additional fees for another 180 days, beyond which following will be the consequences:Company will be liable to pay Rs. 50,000 penalty for not filing the Form INC 20AEvery…

8051

How much time is there for filing INC 20A?

Form INC 20 A needs to be filed within 180 days from the incorporation of the Company. Please note that you cannot commence your business until you have filed the Form with RoC. To know more, you…

372

What is the process to file form INC 20A for Commencement of Business?

Since, INC 20 A requires professional certification, you need approach any Company Secretary in Practice/ Chartered Accountant in Practice/ Cost Accountants in Practice to help you with filing of form…

138

Can we change the directors of a company before filing an INC 20A in India?

Yes, you can. To know more in detail, please write to me at anjalibansalcs@gmail.com

1155

What is form INC-20A ?

It is a a declaration with the Registrar of Companies within a period of 180 days from the date of incorporation declaring that the Company has received the entire subscription money from its subscribers…

Can I receive payment from my clients in my bank account before applying for the commencement of the business certificate (Form INC 20A) ?

No. you cant do that.

447

Will my company account get freezed if I didnt take INC 20A : Commencement of Business within 1 year of company incorporation?

Following are the consequence for non-filing of the form beyond 360 days: Company will be liable to pay Rs. 50,000 penalty for not filing the Form INC 20A Every officer who is in default is liable to…

2180

I have established my company in February 2020. But I have not applied for Certificate of commencement of business(INC 20A) with in 180 days. Penalty seems to be high. Do I need to pay it or is there some way out ?

You will have to pay the penalty amount, there is no other way out. To know more you may write to me at anjalibansalcs@gmail.com

708

I have established my company in February 2020. But I have not applied for Certificate of commencement of business(INC 20A) with in 180 days. Penalty seems to be high. Do I need to pay it or is there some way out ?

You will have to pay the penalty amount, there is no other way out. To know more you may write to me at anjalibansalcs@gmail.com

708

Will my company account get freezed if I didnt take INC 20A : Commencement of Business within 1 year of company incorporation?

2180

Can I receive payment from my clients in my bank account before applying for the commencement of the business certificate (Form INC 20A) ?

No. you cant do that.

447

What is form INC-20A ?

Can we change the directors of a company before filing an INC 20A in India?

Yes, you can. To know more in detail, please write to me at anjalibansalcs@gmail.com

1155

What is the process to file form INC 20A for Commencement of Business?

138

How much time is there for filing INC 20A?

Form INC 20 A needs to be filed within 180 days from the incorporation of the Company. Please note that you cannot commence your business until you have filed the Form with RoC. To know more, you…

372

Is it possible for the company name to be stricken off if we have not got current account opened or filed INC 20A?

Yes we can close the company

1663

When to file INC 20a ?

It is to be filed within a period of 180 days from the date of incorporation.

How to download INC 20A ?

You can visit www.mca.gov.in and go to download forms to download the form. To know more, you may write to me at anjalibansalcs@gmail.com

2935

Can we go for share transfers before filing INC 20A with MCA?

No ideally. You should close the filing of INC-20A.

477

What will happen if we have not filed INC 20A within 180 days after registration of company ?

8051

Does a One Person Company (OPC Pvt Ltd) in India need to file annual return or any compliance document before its commencement of business (Form INC 20A) ?

1584

Who is required to file INC 20a ?

As per Section 10A, every Company, incorporated after the date of the ordinance i.e. 2nd November, 2018, is obliged to file a declaration in E-Form 20A with the Registrar of Companies within…

What will happen if I have not filed INC 20A ?

In case of failure of filing Form 20A with the ROC, Company shall be liable for penalty of 50,000/- and every officer shall be liable to penalty of Rs. 1,000/- for each day till…

584

While I am doing pre-Scutiny of the form INC-20A, it is showing error "registered office address is not updated in the system". What to do? Shall I file INC 22?

Yes.

1381

How to pay the penalty on delayed filing of INC 20 A?

Can a director resign before filing INC-20A?

No he cannot, in fact no compliances can be done without INC 20A

252

Do I need to pay panalty for not filing INC 20A within 180 days, Because subscribers havent deposited subscription amount, and current account not opened, if I decides to strike of within year.

INC20A is a mandatory filing compliances that has to be done with late fees after 180 days

I had opened an OPC which was incorporated on 29 Oct 2020. The third party misguided me between mandatory Compliances requirements between an OPC and Proprietorship Firm. OPC wasn't my need at all. So I did not Open any Current account and also did not file INC 20A or INC 22 as I wanted to strike off this OPC and deactivate my DIN, CIN etc. Now that the required One Year period will be over on 28 Oct 2021 for SKT - 2 ( Voluntary Strike Off), please guide me with process steps I need to follow and please do recommend good service provider for getting this done with details of charges all-inclusive of Service Charge and MCA fees.

In the given scenario best option is to leave the company as it is and mca will itself mark the company strike off and your DIN, CIN will be inactive.

We initially incorporated company for 10 Lakhs and deposited check of 2 Lakhs as commencement capital and started business. Can we modify the commencement capital from 10 lakhs to 2lakhs. What forms need to be submitted for change of capital then file form 20 a to be complaint? We made 20 lakhs from business so far

206

We incorporated company for 10 Lakhs and deposited check of 2 Lakhs as commencement capital. Can we modify the commencement capital from 10 lakhs to 2lakhs? What forms need to be submitted for change of capital then file form 20 a to be a complaint? We made 20 lakhs from the business so far. 10 lacs was both authorized and subscribed amount and instead of 10 lacs we had deposited only 2 lacs in companies account and commenced the business. What forms should be submitted to reduce the authorized and subscribed amount? Form MGT -14?

Regarding the contravention: The company has contravened the provisions of Section 10A of the Companies Act 2013. Penalty for contravention: the company shall be liable to a penalty…

My bank is asking me to submit INC 20A. I gave challan filled for that but he is asking certificate. How to get that? I am assuming INC 20A was filled and then only CA was able to fill challan.

There's no Certificate for INC 20A Filing, just the Challan and Form is sufficient. Most of the Bankers have no idea about the same

180

MCA has removed form 20A from its site.How shall we download it?

Kindly wait till 22nd Jan after which you will be able to download and file it usually. MCA Portal is in upgrade mode hence the issues

388

While filing INC 20A showing din not matched with cin but all the details are correctly mentioned. What to do?

264

A private limited was incorporated in the current financial year and now due to inactivity it needs to be closed.Form INC20A and Adt 1 has already been filed. My query is whether statement of accounts for closure can be signed by a different CA other than the CA i.e auditor already appointed.As the auditor appointed is unavailable to sign.

In one of my company the paid-up capital is 1,00,000/- with 50:50 holding by two directors. At the time of opening of bank account, one of the director's shares has been deposited from his husband's account, not from Director own account. So in that case can i file INC-20A?

Now deposit the from her account and print the bank statement highlight the share capital deposited amount and upload the same

Can a director resign before filing of INC 20A within 180 days of registration of company?

702

I have recently incorporated a pvt ltd company. (Less than a month). I have not applied for bank account or auditor and inc20a form as yet. Now i desire to close this company. What will be the procedure for it?

Once the CIN is generated, any form including strike off must be done after the INC 20A form.

A Producer Co incorporated on June 2021. Auth Cap 10 lac and paid up 1 lac. Deposited 5000 in bank on 6 Aug 2021. Now they have deposited rest 96k amount on Oct 2022. Rest 96k. Can we file INC 20A now as it is almost 17 months passed?

Yes you can file the inc 20a now as well with late fees

Can we transfer the shares to another director before filling INC 20A?

Without INC 20A, there is no business at all, whatever you want to do after INC 20A, Addition deletion etc

I had registered my company in Nov 2021. Anyhow Certf. of commencement of business(INC 20A) not applied yet . Now what's total penalty charges for filing it now. Which is better option? Close company & register new. Pls suggest how can you help us?

Dear Reader, A newly incorporated company needs to call their subscription money within 180 days from the date of incorporation, and the director needs to give a declaration to the registrar in…

I filed inc 20a of our company within 180 days form date of incorporation. But, by mistake, we attached our branch’s bank statement with the form. Now our head office’s bank account got blocked. What to do?

109

We haven't filed inc -20A. The members haven't paid their subscription amount yet. The Company was incorporated 1.5 years back. The company hasn't done any business till date. Is there a way to revive the company now without the penalties?

There is no chance to revive with out late fees , you will file the INC 20 A with late fees and file current year annual fillings, any details contact algoadvpvt@gmail.com

145

We have incorporated 2 months before. We did not commence any business and not filed inc-20a. I want to close the company. What will be the best way to do it?

108

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