SPICE Forms referred to the form through which a Company was Incorporated as per the Companies Act, 2013. This was an E-form available in the MCA website which helped in incorporating a company.
However, a new form was introduced by the Ministry of Corporate Affairs (MCA) for incorporation of companies known as ‘SPICE+ (INC-32)’ along with the fees under the Companies (Registration offices and fees) Rules, 2014. This was introduced as an initiative of Government as part of Ease of Doing Business and is applicable on all Company that wishes to Incorporate itself after 15TH February, 2020.
This Form dealt with single application for reservation of name, incorporation of a new company and/or application for allotment of DIN and application for PAN and TAN. This eForm shall be accompanied by supporting documents including details of Directors & subscribers, MoA and AoA etc. Once the eForm is processed and found complete, company would be registered and CIN would be allocated.
Also, Director Identification Number (DIN) gets issued to the proposed Directors who do not have a valid DIN and PAN and TAN would get issued to the Company along with incorporation
This Form shall be divided into 2 parts: –
1. SPICE+ Part A
2. SPICE+ Part B
SPICE+ PART-A
Part-A of this form is filed for Reservation of name of the Company with the MCA. The following details shall be filed in Part A by the Company:
1. Type of Company.
2. Class of Company.
3. Category of Company.
4. Sub-category of Company.
5. Main Activity of Company.
6. Proposed name of the Company.
The Company when filing PART-A may include a No Objection Certificate if the Proposed name is similar to a company already existed with the MCA
SPICE+ PART-B
Part- B contains all the remaining relevant details as required for incorporation of Company. They are:
1. Capital Structure of Company, if Limited by Shares.
2. Registered Address of Company.
3. Details of Members and Directors of Company.
4. Nominee in case of OPC.
5. Stamp Duty applicable, which is auto filled according to the State and Authorized Capital of the Proposed Company.
6. Proof of Subscribers/Directors of the Company to be attached as:
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- Proof of Identity.
- Proof of Residence.
7. Details for PAN and TAN of Company, which is to be sought by the Applicant through codes provided by Income Tax Department.
8. Proof of Registered Office as an attachment, which shall include following attachments:
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- Rent Agreement.
- No Objection Certificate.
- Ownership proof (in case of any Utility Bill should not be older than 2 months.)
AGILE-PRO
AGILE-PRO contains application for registration by the company with various regulatory authorities by the company along with Incorporation:
- Goods and Service Tax Identification Number.
- Employee State Insurance Corporation.
- Employees’ Provident Fund organization.
SPICE+ -AOA
This refers to filing of Article of Association online as required under SPICE+ and shall include all the articles as required by the Company in its AOA. Articles of Association shall be pre-filled on selecting the type of company; however, every article can be altered as per the requirements of the company within the ambit of Companies Act, 2013.
It shall include the details of all Subscribers and shall be digitally signed by all Director and person certifying the Form for the Company.
SPICE+- MOA
This shall Contain all the Particulars as required as per Memorandum of Association of Company including the Objects of the Company and shall be signed by all Director and person certifying the Form for the Company.
INC-9
This shall be auto Generated and shall be submitted in electronic form digitally signed by all the Directors.
Important Things to be kept in mind for Incorporation:
It is mandatory to file eMoA (INC-33) and eAoA (INC-34) in case the number of subscribers are up to 7 and in the following scenarios:
- individual subscribers are Indian nationals.
- individual subscribers who are foreign nationals in case they valid DIN and DSC and also submit a proof of a valid business visa
- non-individual subscribers based in India.
Physical copies of MoA/AoA are required to be signed and attached in case non-individual first subscribers are based outside India or the number of Subscribers are more than 7.
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