INTRODUCTION
There are certain rules and
regulations you need to follow while establishing anything and everything.
These rules and regulations help you form a strong base for your work. These
rules are especially mandatory when dealing with any legal venture. Similarly,
when you set up your business, you need to follow certain rules and
regulations, prescribed by the Government. It gives your entity a legal
identity as well as provides you with other benefits. Obtaining Certificate of
Commencement of Business is one of the steps you need to follow between
registering and running your business. It was a mandatory step until Companies
Act, 2015 was introduced. The Act has now removed the previous compulsion of
having this certificate. Now, it depends on you whether to obtain one or not.
Howsoever, discussed below is what is a certificate of commencement of
business.
The certificate of commencement
of business was a mandatory step under Companies Act, 2013.
It was mandatory for public companies with share capital. The certificate is
issued by the registrar of joint stock companies.
The certificate of commencement
of business was important because only after obtaining the certificate were you
allowed to start any business related activities. Before that, you were not
allowed to exercise any kind of powers or benefits which come along with company
registration.
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.
WHILE
REGISTERING THE ABOVE DOCUMENTS YOU WILL NEED SOME OTHER DOCUMENTS TOO;
·
Identity and Address Proof.
·
DSC (Digital Signature Certificate).
·
Certificate of Registration (which is issued by
RBI in the case of non-banking financial companies only).
·
A consent letter from all the Directors
(Director Declaration as well as board resolution).
All these documents are submitted
along with prescribed fees.
The application for the
Certificate of Commencement of Business is generally applied within one hundred
and eighty days of incorporation of the company.
Previously, there were
consequences of doing business without the certificate of commencement of
business, including penalty as well as cancellation of registration of the
company.
However, with the new Companies Act, 2015 in power, there are no such consequences. It is your will to have the certificate or not.
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