The declaration under section 10A by a director shall be in Form No lNC-20A and shall be filed as provided in the Companies [Registration Offices and Fees) Rules, 2014 and the contents of the said form shall be verified by a company Secretary or a chartered Accountant or a cost Accountant in practice.
Provided that in the case of a company pursuing objects requiring registration or approval from any sectoral regulators such as the Reserve Bank of India, Securities and Exchange Board of India etc., the registration or approval, as the case may be from such regulator shall also be obtained and attached with the declaration.”.
Extract of the Companies (Amendment) Ordinance, 2018 dated 02.11.2018
10A. Commencement of business etc.
(1) A company incorporated after the commencement of the Companies (Amendment) Ordinance, 2018 and having a share capital shall not commence any business or exercise any borrowing powers unless—
(a) a declaration is filed by a director within a period of one hundred and eighty days of the date of incorporation of the company in such form and verified in such manner as may be prescribed, with the Registrar that every subscriber to the memorandum has paid the value of the shares agreed to be taken by him on the date of making of such declaration; and
(b) The company has filed with the Registrar a verification of its registered office as provided in sub-section (2) of section 12.
(2) If any default is made in complying with the requirements of this section, the company shall be liable to a penalty of fifty thousand rupees and every officer who is in default shall be liable to a penalty of one thousand rupees for each day during which such default continues but not exceeding an amount of one lakh rupees.
(3) Where no declaration has been filed with the Registrar under clause (a) of sub-section (1) within a period of one hundred and eighty days of the date of incorporation of the company and the Registrar has reasonable cause to believe that the company is not carrying on any business or operations, he may, without prejudice to the provisions of sub-section (2), initiate action for the removal of the name of the company from the register of companies under Chapter XVIII.
Steps to obtain Certificate Of Commencement
- First, file e-Form 20 (a declaration).
- Attach the statement in the prospectus of your company ( a legal document which provides all the securities you offer to the public upon the purchase of your product in written).
- File it with the registrar after which a verification will take place.
- After the successful verification, you are issued with the Certificate of Commencement of Business.
Attachments to the Form
- Copy of special resolution or letter from Central Government, which ever is applicable is to be attached.
- Any other information can be provided as an optional attachment as necessary.
Source :
Click to access CompaniesFourthAmendmentRules_19122018.pdf
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