As a new Section 8 Company, we have provisional 80G and 12A granted.
Before starting out first project and receiving funds, is it mandatory to file INC20 or can we start receiving funds right away, and start project work and file the paperwork later?
Rajagopalan V
Find Your Voice Foundation
[Reply in draft, awaiting inputs from others in the group]
Section 10A of the Companies Act, 2013, requires all companies with a share capital (including Section 8 companies) to file Form INC-20A with the Registrar of Companies (RoC). RoC currently mentions that 1L INR share capital for your Foundation and it was incorporated in July 2025. The form must be filed within 180 days of the company’s incorporation.
Fund Reception: Receiving funds (donations/grants) and starting project work constitutes “commencement of business” or operations, and thus requires the INC-20A to be filed first.
80G/12A Status: Your provisional 80G and 12A registrations are for income tax exemptions and attracting donors, but they do not override the Companies Act requirement to file Form INC-20A for business commencement.
Note: Requesting you to read the clauses around provisional 80G & 12A carefully. (Provisionals are only valid for 6 months or so.)
Inviting other volunteers to also correct/contribute @Chhabil_Gadia @sureshponnappa @Sharad @NiveditaPacta
The law applies to Companies with share capital. The document has to be filed within 180 days of incorporation. It is always better to file INC-20 than wait for the commencement of activities.
Moreover, commencement of activities will have implications on 12A and 80G as well. The provisional certificates have to be converted into regular registrations within 6 months of commencement of business or actual expiry of certificate, whichever is earlier. We have to be mindful on both counts i.e. IT as well as Companies Act