While incorporating a Company, selecting a Company name is first important step that must be reserved with the Central Registration Centre (CRC). The Ministry of Corporate Affairs (MCA) had been introduced a new form in the year 2020, Called Spice Plus (Spice+), Integrated form of Company Incorporation deals with single application for reservation of name, incorporation of the Company and/or application for allotment of DIN and/or application for PAN and TAN, have divided into Part A for reservation of name and Part B for Incorporation of Company and other services.
In accordance with the Rule 9 of Companies (Incorporation) Rules 2014:-
> An application for reservation of name of new Company shall be made through web service available at www.mca.gov.in by filing form SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus) and such name shall be reserved for the period of 20 days on payment of fees of Rs. 1000/-
> An application for change of name in case of Existing Company shall be made through web service available i.e., www.mca.gov.in by filing form RUN (Reserve Unique Name) and such name shall be reserved for the period of 60 days on payment of fees of Rs. 1000/-
In accordance with the Rule 9A of Companies (Incorporation) Rules 2014:-
The Registrar will extend the period of a name reserved under Rule 9 of Companies (Incorporation) Rules 2014
> The period will be extended upto 40 days from the date of approval under the rule 9, on payment of fees of rupees 1000/- but such application shall be made before the expiry of 20 days from the date of approval under rule 9.
> The period will be extended upto 60 days from the date of approval under the rule 9, on payment of fees of rupees 2000/- but such application shall be made before the expiry of 40 days from the date of approval under rule 9.
> The period will be extended upto 60 days from the date of approval under the rule 9, on payment of fees of rupees 3000/- in case such application before the expiry of 20 days from the date of approval under rule 9.
Form Spice Plus have two parts, Spice+ part A and Spice+ part B. Spice+ part A used for name reservation of the Company it can be filed either separately or along with the Spice+ part B. The Name applied in Spice+ part A, if approved by Central Registration Centre (CRC), it gets reserved for the period of 20 days from the date of Approval.
For your reference, find below form Spice + Part A:-
After filing form spice + part A and payment of fees Rs. 1000/- if proposed name is not identical with or resemble to the name of existing Company or undesirable it will be approved by CRC.
Reason for withdrawal of reserved name
1. The name reserved in Spice+ is wrong for example Bajaj Auto Limited Instead of Bajaj Finserv Limited.
2. There is spelling mistake in reserved name.
Procedure of withdrawal of reserved name.
The reserved name can be withdrawal by following below steps:-
1. Prepare an affidavit for withdrawal of approved name in the name of person whose MCA ID used for reservation of name.
2. Get the affidavit print out on Stamp Paper as per the State Stamp Act and notarized the same.
3. Mail such notarized Affidavit to CRC on their email id though the mail id registered on MCA against MCA login from which name applied for reservation, along with following documents:-
4. On receipt of mail by CRC, they will go through all the documents and if satisfied with submitted documents and reason thereof then they will approve the withdrawal of name and send a mail on the registered email id for the same.
Special Note: There is no process given under companies Act 2013 for withdrawal of name after reservation from CRC. This process based on practical exposure during training.
Format of Affidavit for withdrawal of approved name.
I, ________________________, S/o. ___________________, R/o. _________________, request to your good office to please cancel the SRN: _______________, of Name approved of the Company. I had myself applied for name approval vide the SRN: ______________ through my MCA login id ___________ also, I got it approved in the name mention in approval Letter (Attached)
REASON FOR WITHDRAWAL
I was wrongly filed name (Approved Name) Instead of (Name required).
On the account of wrongly filed Spice+ Part A form, we had made a request for Cancellation of SRN: _____________ Application, So that we can file fresh Spice+ Part A for reservation of name of Company. I have attached my affidavit for the same herewith along with the name approval letter for your reference.