Which company need to fulfilled certificate of commencement requirement?

CERIFICATE OF COMMENCEMENT:

Companies (Amendment) Ordinance 2018 will make an amendment to re-introduce to all company weather public and private (Having share capital) to apply for certificate of commencement from ROC, before commencing its business and within 180 days from the date of incorporation. Declaration by all subscribers of the memorandum that they have paid all the subscription money to the company.

Along with they also need to filled verification of registered office to ROC within 30 days of incorporation that you have established registered office on the address you mentioned. Failure to comply wills results removal of name from the registrar of company.

 

Which company need to fulfilled certificate of commencement requirement?

Public and Private Companies having Share Capital: All company weather Public or Private having a share capital needs to fulfilled this requirement and apply for certificate of commencement. That means a company not having share capital weather public or private would not require applying for certificate of commencement. Section 11 required that only company having share capital would need to required certificate of commencement.

Motive behind certificate of commencement requirement?

The government of India will want to ensure that all the company which has incorporated has started there working or not, so that government will take necessary action against those who formed company and not worked on that. Secondly government knows where the actual address of the company is situated. It will reduced the no of shall companies or fake companies.

What need to fill to ROC?

(a) A declaration by the entire subscriber of the memorandum that they have paid all the subscription of the money to the company with in 180 days.

(b) The company has to filled verification of registered office to ROC within 30 days,

 

What are Documents need to fill?

Every company need to filled INC-20A to registrar of company for the application of certification of commencement along with board resolution of the company states that they have received all the subscription money from the subscriber, also the subscriber give deceleration that they have paid all the subscription money to the company.

Fees for filled INC-20A?

i. Fee for filing e-Forms or documents in case of company have share capital

Nominal Share Capital

Fee applicable

Less than 1,00,000

Less than 1,00,000

Rupees 200

 

1,00,000 to 4,99,999

Less than 1,00,000

Rupees 300

 

5,00,000 to 24,99,999

Less than 1,00,000

Rupees 400

 

25,00,000 to 99,99,999

Less than 1,00,000

Rupees 500

 

1,00,00,000 or more

Less than 1,00,000

Rupees 600

 

 

Additional fee rules:

Period of delays

All forms

Less than 1,00,000

2 times of normal fees

 

 

1,00,000 to 4,99,999

4 times of normal fees

 

 

5,00,000 to 24,99,999

6 times of normal fees

 

 

25,00,000 to 99,99,999

10 times of normal fees

 

 

1,00,00,000 or more

12 times of normal fees

 

 

 

 

 

 

                             

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