No Commencement of Business Certificate is required for New Companies

The Companies (Amendment) Act 2015 which Notified on 25th May, 2015 Omitted Section 11 of Companies Act 2013 which calls for Business Commencement Certificate/ Intimation to MCA before commencement of Business by a newly incorporated company. Time gap for starting a business in India has been reduced by 2-3 Days since Commencement of Business certificate is no longer to be taken. Earlier it takes 2-3 working days to get commencement of Business certificate.

Section 11 of Companies Act 2013 said that-

11. (1) A company having a share capital shall not commence any business or exercise any borrowing powers unless—

(a) a declaration is filed by a director 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 and the paid-up share capital of the company is not less than five lakh rupees in case of a public company and not less than one lakh rupees in case of a private company on the date of making of this 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 which may extend to five thousand rupees and every officer who is in default shall be punishable with fine which may extend to one thousand rupees for every day during which the default continues.

(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.

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