11. Commencement of business, etc
(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 subsection (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.