Does INC-20A apply to you?
Two tests, both of which have to be met.
| Test | Applies |
|---|---|
| Incorporated on or after 2 November 2018 | Section 10A was inserted by the Companies (Amendment) Ordinance, 2018 with effect from that date. Companies incorporated earlier never had to file it |
| Has share capital | Private limited, public limited and one person companies all have share capital and all file |
| Not covered | Why |
|---|---|
| A company without share capital, in practice a section 8 company limited by guarantee | Section 10A applies only to a company having share capital |
| An LLP | An LLP is not a company under the Companies Act and has no subscription money to declare |
Counting the 180 days. The period runs from the date on the certificate of incorporation. Not from the date the bank account was opened, not from the date the first invoice was raised, and not from the date the money reached the account. There is no provision to extend it, and no form in which to ask.
| Term | What it means |
|---|---|
| Section 248(1)(d) | The Registrar may begin strike-off where the subscribers have not paid the subscription they undertook to pay and no declaration under section 10A(1) has been filed within 180 days of incorporation. This is the exposure founders most underestimate. |
| Officer in default | Each officer liable to ₹1,000 for each day of continuing default, subject to a maximum of ₹1,00,000 (section 10A(2)). The company's own penalty of ₹50,000 is separate. |
What the declaration actually says, and why the bank proof decides it
The declaration is narrow: every subscriber to the memorandum has paid the value of the shares agreed to be taken. Everything in the file exists to prove that one sentence.
That is why the bank statement carries the filing, and why it is the single point on which these filings fail.
- Each subscriber pays for their own shares. The credit has to come from that subscriber's own bank account. One founder transferring a round sum covering both subscribers does not satisfy the declaration.
- The amount has to match the memorandum. If the memorandum says a subscriber takes 5,000 shares of ₹10, the credit for that subscriber is ₹50,000, not a convenient ₹50,500.
- Cash does not help. A cash deposit with no traceable subscriber is not evidence that the named subscriber paid.
- Money routed through a third party fails. A parent, a friend or another company paying on a subscriber's behalf breaks the chain.
- Share certificates should exist. Certificates and the register of members should reflect the allotment to the subscribers before the declaration is certified.
If the credits do not line up, the fix is to correct the payments before the declaration is signed, not to file and hope. Send us the statement and the memorandum together and we will tell you which credits work.
How the work runs, step by step
| Step | What happens | Who | When |
|---|---|---|---|
| 1. Open the bank account | Current account opened on the certificate of incorporation, PAN and the board resolution | Company | As soon as possible after incorporation |
| 2. Subscription money paid in | Each subscriber transfers the value of their own shares from their own account | Subscribers | Well before day 180 |
| 3. Allotment records | Register of members and share certificates for the subscribers | Company | Before certification |
| 4. Board resolution | Board authorises the filing and a director to sign the declaration | Board | Before filing |
| 5. Certification | A chartered accountant, company secretary or cost accountant in practice certifies the form after checking the credits against the memorandum | Practising professional | Before filing |
| 6. Filing | INC-20A filed with the MCA fee for your authorised capital slab | Company | Within 180 days of incorporation |
Documents we ask for: the certificate of incorporation, the memorandum and articles, the bank statement showing each subscriber's credit or the bank advice or payment challan, the board resolution, the digital signature of a director, and the sectoral regulator's registration certificate where the objects require one, for example the Reserve Bank for a non-banking financial company.
Send your bank statement and documents by email or WhatsApp. We match every credit against the memorandum before the declaration is signed, because that is where these filings fail.
Fees
Our professional fee for INC-20A is ₹999. The MCA fee goes by your authorised share capital.
Professional fee
| Service | Regikart fee |
|---|---|
| INC-20A: subscription check against the memorandum, board resolution, certification and filing | ₹999 |
| First auditor appointment and ADT-1, also due in the first 30 days | ₹999 (see auditor appointment) |
Government fee (by authorised share capital)
| Authorised share capital | Normal fee |
|---|---|
| Less than ₹1,00,000 | ₹200 |
| ₹1,00,000 to less than ₹5,00,000 | ₹300 |
| ₹5,00,000 to less than ₹25,00,000 | ₹400 |
| ₹25,00,000 to less than ₹1,00,00,000 | ₹500 |
| ₹1,00,00,000 and above | ₹600 |
Professional fees exclude GST at 18%. Government fees, where they apply, are paid at actuals to the department and are shown separately. Fees verified on 22 September 2026.
If the 180 days have already passed
File anyway. The exposure grows every day the declaration is missing. Three separate amounts apply, and they are not the same kind of amount.
Additional fee on the form (a multiple of the normal fee)
| Delay after the 180-day due date | Additional fee |
|---|---|
| Up to 30 days | 2 × normal fee |
| More than 30 and up to 60 days | 4 × normal fee |
| More than 60 and up to 90 days | 6 × normal fee |
| More than 90 and up to 180 days | 10 × normal fee |
| More than 180 days | 12 × normal fee |
Penalty under section 10A(2)
| Who | Penalty |
|---|---|
| The company | ₹50,000 |
| Every officer in default | ₹1,000 for each day of continuing default, subject to ₹1,00,000 per officer |
Strike-off exposure. Section 248(1)(d) allows the Registrar to begin removing the company's name from the register where the subscribers have not paid the subscription they undertook to pay and no declaration under section 10A(1) has been filed within 180 days. Registrars do act on it, and a company that has also missed its annual filings is the obvious target. Restoration afterwards means a petition to the Tribunal, which costs far more than the filing did.
And everything done in the meantime is unlawful. Business commenced and borrowings taken before the declaration was filed do not become lawful when it is filed. They become a disclosed non-compliance, and the first people to find them are a lender's or an investor's diligence team. See legal and secretarial due diligence.
Filing late is always better than not filing.
The rest of a new company's first 180 days
INC-20A is one of four things due in the first six months. We handle them together because the documents overlap.
| Duty | Deadline from incorporation | Form |
|---|---|---|
| Appoint the first auditor | 30 days (section 139(6)); members within 90 days if the board does not | ADT-1 |
| Notify the registered office, if the address was not given at incorporation | 30 days | INC-22 |
| Declare commencement of business | 180 days (section 10A) | INC-20A |
| Directors' KYC | Once every three financial years, by 30 June; next due 30 June 2028 for a compliant director | DIR-3 KYC Web |
Then the annual cycle starts: the first AGM, the statutory audit and the first AOC-4 and MGT-7 or MGT-7A. See annual ROC filing, or OPC annual compliance if you incorporated a one person company.
Not sure whether your bank credits will pass? Send us the statement and the memorandum and we will tell you before anything is signed.