The First Legal Step Every New Company Must Complete Before Filing Form INC-20A
By Prashant Kumar
Introduction: The First Real Compliance Test After Incorporation
Once a company is incorporated under the Companies Act, 2013, the first practical and legal milestone is to open a current bank account in the company’s name and deposit the initial share capital by all subscribers.
This simple-looking step is actually the foundation for every other compliance. Without proof of capital deposit, you cannot file Form INC-20A (Declaration of Commencement of Business) — and until INC-20A is approved, your company remains inactive on the MCA system.
“Incorporation gives your company a legal birth certificate, but your first bank deposit gives it a heartbeat.” — Prashant Kumar
Why Opening a Bank Account Is So Critical
A newly incorporated company must open a current account in its name and deposit the paid-up share capital by all subscribers. The bank statement showing these deposits is mandatory for filing Form INC-20A, without which the company cannot legally commence business or make MCA filings.
1️⃣ Legal and Practical Context
After incorporation, the PAN and Certificate of Incorporation are issued automatically through the SPICe+ process. However, the company is not yet “active.”
The MCA portal unlocks most e-filings only after Form INC-20A is filed and approved.
But you can’t file INC-20A until the bank account is opened and subscription money is deposited.
This makes bank account opening the first and most essential post-incorporation compliance — a pre-condition for everything else.
2️⃣ Bank Account Opening Requirements in India
To open a current account in the company’s name, most banks require:
- Certificate of Incorporation (COI) and PAN of the company
- MOA and AOA
- Board Resolution authorising account opening and signatories
- KYC documents of all directors (PAN, Aadhaar, passport, photo)
- Form INC-22 acknowledgment (if registered office verified separately)
- DIN and DSC of directors
The account is generally opened with joint signatures of both directors, as most banks do not allow single-director operation for newly incorporated companies.
3️⃣ A Commonly Overlooked Issue: Director Location During Incorporation
While opening a company bank account is a standard compliance step, it can unexpectedly get delayed if incorporation planning misses one critical question — “Where are the directors located?”
In several cases I’ve seen, one of the directors was working outside India at the time of incorporation and had no immediate plans to travel back. Since most banks require physical signatures of both directors on account opening forms and in-person or video KYC, the process came to a standstill.
This delay meant that the share capital could not be deposited, Form INC-20A could not be filed, and consequently, the company remained inactive — unable to file any MCA forms (except ADT-1) or even commence operations.
“It’s a simple but crucial question that incorporation consultants often forget to ask: Are both directors available in India to sign the bank documents? Missing this detail can freeze compliance before it even begins.” — Prashant Kumar
Founders should therefore plan director availability well before incorporation and ensure both directors can complete the bank KYC process soon after registration. A delay at this stage doesn’t just impact banking — it cascades into non-filing of INC-20A, blocked MCA forms, and potential penalties for non-compliance.
4️⃣ Step-by-Step Process to Open a Bank Account
Step 1: Hold the First Board Meeting
Within 30 days of incorporation, the Board should:
- Pass a resolution authorising opening of the current account;
- Designate authorised signatories (both directors, typically); and
- Approve submission of KYC documents.
Step 2: Submit Documents to Bank
Provide COI, PAN, MOA, AOA, Board Resolution, and KYC of directors.
For foreign nationals, notarised and apostilled KYC documents are required.
Step 3: Complete KYC and Activate Account
Most banks demand physical or video-KYC verification by both directors.
Once completed, the account is activated and ready to receive deposits.
Step 4: Deposit Share Capital
Each subscriber must deposit their exact subscription amount as mentioned in the MOA. The payment narration should clearly state “Share Application Money.”
Step 5: Obtain Bank Statement for INC-20A
Once the capital is credited, obtain a statement showing the deposits. This becomes a mandatory attachment for Form INC-20A filing.
5️⃣ Common Mistakes Founders Make
a) No Resident Director in India
If both directors are abroad, no bank will process the account. Always plan to have both directors available in Indiaduring incorporation.
b) Partial or Mismatched Capital Deposit
Deposits must exactly match MOA subscriptions. Even a minor mismatch can trigger ROC scrutiny.
c) Funds from Third-Party Accounts
Deposits must come directly from each subscriber’s own account.
d) Lack of Proof
Payment screenshots aren’t valid. The ROC requires a bank statement showing all deposits.
e) Consultant Oversight
Incorporation agents often fail to coordinate with banks. Always involve a Company Secretary in practice to ensure compliance alignment.
“Your company’s first compliance failure is almost always a banking delay. Coordination between your CA, CS, and bank converts incorporation into operation.” — Prashant Kumar
6️⃣ Legal and System Implications
Until Form INC-20A is filed:
- The company cannot borrow or appoint new directors.
- All other MCA filings remain blocked, except Form ADT-1.
- The company status remains ‘Inactive’ under MCA V3.
This makes bank account opening and capital infusion the gateway to your company’s legal functionality.
Summary: The Gateway to Legal Operation
Opening your company’s bank account is not a mere formality — it’s the first legal step toward existence. Without it, capital remains unrecorded, Form INC-20A cannot be filed, and your company stays digitally frozen in MCA records.
“In governance, you don’t exist until your capital hits the bank — that’s when incorporation becomes reality.” — Prashant Kumar
Plan this step carefully, ensure both directors are available in India, and work with professionals who understand banking and compliance synchronisation.
For More Clarity, See Our Related Articles
- Post-Incorporation Compliance Checklist for Indian Companies (2026 Guide)
Your master checklist for all filings after incorporation. - Filing of Commencement of Business – Form INC-20A
Learn how to file the declaration and avoid strike-off. - Appointment of First Auditor – Form ADT-1 Explained
Step-by-step guide for the first auditor appointment and filing.
Together, these articles form the Post-Incorporation Compliance Series — your roadmap from registration to readiness.
About the Author
Prashant Kumar is a Company Secretary, Published Author, and Partner at Pratham Legal, a full-service Indian law firm advising on corporate, regulatory, and transactional matters.
He has led compliance and governance functions for Woodland, IndoBevs, and Deesan Group, and advised GMR Group, Medanta Hospitals, Ahuja Group, Mantri Group, Isprava, and The Ashoka Hotels.
Prashant helps businesses build credible, compliant, and sustainable governance systems, aligning legal discipline with business growth.
📧 prashant@prathamlegal.com | 📞 +91 98210 08011
