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Incorproartion of Company with Spice+.

Company Law, Uncategorized

In this article the author will try to cover the process of Incorporation of Companies with Spice+.

Incorporation Of The Company Through Spice+ 

A Step Towards Ease Of Doing Business

s part `of Government of India’s Ease of Doing Business (EODB) initiatives, the Ministry of Corporate Affairs has notified a new Web Form christened ‘SPICe+’ (pronounced ‘SPICe Plus’) replacing the existing SPICe form.

SPICe+ and linked forms has been introduced by the MCA on 23rd February, 2020 replacing the existing SPICe Form and linked forms with a bouquet of services to be offered under single dashboard, and the same is applicable to all new company incorporations w.e.f. 23rd February, 2020.

  1. INTRODUCTION OF SPICE+

SPICE+ has been divided into Two Parts i.e. SPICE+ PART A which deals with the Name reservation for new Companies and SPICE+ PART B wherein all remaining details required for Incorporation of Company

SERVICES OFFERED BY SPICE+

  1. SPICe+ is an integrated Web Form.
  2. SPICe+ consists of two parts:
  3. a) Part A: Name Reservation for New Companies
  4. b) Part B: Offering bouquet of services which are as follows:
  5. Incorporation
  6. DIN allotment
  7. Mandatory issue of PAN
  8. Mandatory issue of TAN
  9. Mandatory issue of EPFO registration
  10. Mandatory issue of ESIC registration
  11. Mandatory issue of Profession Tax registration (Maharashtra)
  12. Mandatory Opening of Bank Account for the Company and
  13. Allotment of GSTIN (if so applied for)

 

NOTE:

1-User has flexibility to apply for Part A and Part B together at one go or first apply for Part       A, for Name Approval thereafter Part B, for Incorporation and other services.

2- If only SPICe+ Part A Submitted for Name Approval, the fees and resubmission is same as earlier.

 3- Approved Name and related incorporation details as submitted in Part A, would be   automatically pre-filled in all linked forms such as AGILE-PRO, SPICe+ MOA, SPICe+ AOA, URC-1, INC-9 (as per applicability).

4- Declaration by all Subscribers and first Directors in INC-9 shall be auto-generated in pdf format and would have to be submitted only in Electronic form in all cases, except where:

Total number of subscribers and/or directors is greater than 20 and/or any such subscribers and/or directors has neither DIN nor PAN.

  1. INCORPORATION PROCESS
  2. Login to MCA Portal, Click on MCA Services, under Company Services click on SPICE+.
  3. Click on New Application in case of Fresh application.
  4. On Clicking, Existing Application, user can view Application Number along with Proposed/approved Name.
  5. On Clicking New Application, SPICe+ Part A gets enabled which contains fields relating to Name Reservation such as Type, Class, Category, Sub-Category, Main division of industrial activity of the Company along with description of main division and Particulars of the proposed or approved name.
  6. Click on Auto-check button to enable the first level automatic scrutiny of the Proposed Name as per name rules.
  7. On Successful Completion of Part A, User can click on submit for Name Reservation or Proceed for Incorporation or Cancel option.
  8. If opted for Proceed for Incorporation, Part B gets enabled containing various sections with ‘Save and Continue’ button. Each Section contains separate Check Form validation.
  9. Enter the basis details related to the Proposed Company Incorporation such as:
  • Company’s Registered or Correspondence Address
  • Details of Subscribers and Directors
  • Capital Structure of the Company
  • Information for Application of PAN and TAN.
  1. Upload all the mandatory and optional attachments in the web form.
  2. Click on Check boxes to confirm all the declarations and click on pre-scrutiny button.
  3. Once pre-scrutiny gets successful, click on Submit button.
  4. On Successful submission user will get the Confirmation message.
  5. User can now download the pdf of SPICe+ Part B for affixing the DSC, also all the linked form as per the information filled in SPICe+ Part B gets enabled and available for the user to fill and submit.

STEP III- PREPARATION OF (SPICE+ MOA) AND (SPICE+ AOA)

The user has to prepare and fill the SPICE+ MOA and SPICE+ AOA forms as these forms have to be uploaded as “Linked Forms” to SPICE+

STEP IV: APPLICATION FOR GST, ESIC, EPFO REGISTRATION, PROFESSIONAL TAX & OPENING OF BANK ACCOUNT:

The application for incorporation of a company under rule 38 shall be accompanied by e-form AGILE – PRO (INC-35) containing an application for registration of the following numbers, namely:

  • Goods and Service Tax Identification Number(GSTIN) (Optional)
  • Employees’ State Insurance Corporation (ESIC) (Mandatory)
  • Employees’ Provident Fund Organisation (EPFO) (Mandatory)
  • Professional Tax (Mandatory if Company Registered Office is in the state of Maharashtra)
  • Opening of Bank Account of Company (Mandatory)

STEP V: DOWNLOAD INC-9 FOR AFFIXING DSC

INC-9 is autogenerated by the system and is available to download for affixing DSC.

STEP VI: ATTACHMENTS REQUIRED FOR INCORPORATION OF COMPANY

For SPICe+:

  • Articles of Association in case of Section 8 & Producer company
  • Memorandum of Association Section 8 & Producer company.
  • Declaration by the first director(s) and subscriber(s) (Affidavit not required)
  • Proof of office address
  • Copy of utility bills
  • Copy of certificate of incorporation of foreign body corporate (if any)
  • A resolution passed by promoter company
  • The interest of first director(s) in other entities
  • Consent of Nominee (INC–3) in case of OPC.
  • Proof of identity as well as the residential address of subscribers
  • Proof of identity as well as residential address of the nominee
  • Proof of identity and address of Applicant I, II, III
  • Resolution of unregistered companies in case of Chapter XXI (Part 1) Companies
  • Declaration in Form No. INC – 14 in case of Section 8 Companies
  • Declaration in Form No. INC – 15 in case of Section 8 Companies
  • Optional attachments (if any)

 

For AGILE-PRO:

    • Proof of principal place of business
    • Proof of appointment of Authorised Signatory for GSTIN
      (Either of the documents– Letter of Authorisation/Copy of Resolution passed by BOD/
      Managing Committee and Acceptance Letter)
    • Proof of identity of Authorised Signatory for the opening of a bank account
    • Proof of address of Authorised Signatory for the opening of a bank account
    • Specimen Signature of Authorised Signatory for EPFO

STEPS TO UPLOAD SPICE+

1.After Affixing DSC in SPICe+ Part B and all the linked forms as applicable, user can click on upload e-form option and upload SPICe+ Part B along with all the linked forms in the order of Spice+ PART-B>Spice+MOA>Spice+AOA>Agile PRO>INC-9

  1. On Successful uploading, SRN (Service Request Number) is generated for user to make payment.
  2. On Successful Payment SRN status will be displayed as Processing.

 

Note:

  1. Resubmission of SPICe+ is continued to be same as earlier.
  2. All types of Companies to be incorporated through SPICe+ Form.

Disclaimer: The Article is based on the Relevant Provisions and as per the information existing at the time of the preparation. In no event I shall be liable for any direct and indirect result from this Article. This is only a knowledge sharing initiative.

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