19 April 2022
I have filed form INC-20A after 180 days and I have not received the certificate of commencement of business. I have not received the certificate because I have filed delayed form? Does any one guide me through this.
09 July 2024
Filing Form INC-20A within 180 days of incorporation is mandatory for companies registered in India to obtain a certificate of commencement of business. If Form INC-20A is filed after 180 days, the company may face consequences and delays in receiving the certificate. Here are some steps and considerations:
1. **Reason for Delay**: Understand why Form INC-20A was filed after the prescribed 180-day period. Delays can occur due to various reasons such as administrative issues, procedural delays, or non-compliance with statutory timelines.
2. **Impact of Delay**: - **Non-Receipt of Certificate**: The delay in filing Form INC-20A may result in the company not receiving the certificate of commencement of business promptly. - **Penalties**: There could be penalties or additional fees imposed for late filing. These penalties are typically financial in nature and may increase over time.
3. **Resolution Steps**: - **File Form INC-20A Correctly**: Ensure that Form INC-20A is filed accurately and with all required details. Any errors or incomplete information could further delay the process. - **Contact MCA Helpdesk**: Reach out to the Ministry of Corporate Affairs (MCA) helpdesk or support for guidance. They can provide specific information regarding the status of your filing and any necessary steps to resolve the issue. - **Legal Consultation**: If the delay has resulted in significant complications or if you are unsure about the next steps, consider consulting with a legal advisor or a company secretary who specializes in corporate compliance.
4. **Follow-Up and Compliance**: - Monitor the status of your filing through the MCA portal or other authorized channels. Keep track of any notifications or communications from MCA regarding the filing. - Ensure compliance with all statutory requirements to avoid further delays or penalties in the future.
5. **Future Compliance**: Going forward, adhere to all prescribed timelines and requirements for filing forms and maintaining compliance with MCA regulations. This helps in smooth operation and compliance of your business entity.
In summary, if you have filed Form INC-20A after 180 days and have not received the certificate of commencement of business, it is essential to understand the reasons for the delay, rectify any issues promptly, and follow up with the MCA for resolution. Seeking professional advice can also be beneficial to navigate through this process effectively.
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