FAQs on Incorporation of Company / queries Doubts for Incorporation of Company via SPICe+
Link of detailed Article on Name Application / Reservation of Name via SPICe+ PART A
https://taxguru.in/company-law/name-application-reservation-company-via-spicepart-a.html
Link of detailed Article on Incorporation / Steps / Formation of Company via SPICe+ PART B.
Quick Questions:
Q.1 Should Incorporation of Company be done directly or first Name Application and then Incorporation of Company ?
Ans. Always suggest Name Application should be done first, after Approval of Name Incorporation documents should be filed.
Same is advised as incase, Incorporation is directly filed and Name is similar, generic or comes in resubmission, due to name then whole documents will prepared will be required to be altered.
Q.2 Maximum size of Form ?
Ans. Each Form can be maximum of 6 MB.
Q.3 Is OTP mandatory required to be send on Mobile No and Mail id in AGILEPRO ?
Ans. Yes, OTP is required to be send to one proposed Director’s Mobile No and Mail id.
Q.4 Is DSC required for all Director’s and Subscribers at the time of Incorporation?
Ans. Yes, all Director’s DSC is required to be attached to Form INC-9.
And Subscribers DSC in MOA and AOA.
Q.5 Is there any size limit for Photo of Director in AGILEPRO?
Ans. Yes, 100 KB maximum each Photo can be attached. Same has to be in JPEG Format.
Q.6 Is application for GST mandatory in AGILEPRO?
Ans. No, it is not mandatory.
It is advisable to apply separately GST after Incorporation, as even though COI is received, it takes at times more then 2 months to GST Certificate under AGILEPRO Application.
Q.7 Is ESIC and Profession Tax Mandatory?
Ans. ESIC is mandatory to all.
Profession Tax to only Maharashtra and Kolkata.
Q.8 Sequence of uploading Incorporation e-Forms ?
Ans. SPICe+ Part B (MANDATORY), MOA (MANDATORY), AOA (MANDATORY), URC-1 (IF APPLICABLE) AGILe-PRO (MANDATORY) AND INC-9 (MANDATORY).
Q.9 If INC-9 Form is uploaded then are we require to prepare attachment of same and attach in SPICe+ Part B ?
Ans. No, INC-9 Form will only attached in Link Form sequence, no need of preparation of attachment of same in INC-9.
Q.10 Is it mandatory to use e-MOA and e-AOA? Can physical copies MOA/ AOA be signed and attached with SPICe+ Forms ?
Ans. Yes. It is mandatory to use 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 is required to be signed and attached in case non-individual first subscribers are based outside India or individual foreign subscribers do not possess a valid business visa or any other scenario as mentioned in FAQ Q.28 in detail.
Q.11 Is NOC mandatory required to be attached alongwith Utility Bill in SPICe+ Part B?
Ans. Yes, signed NOC from the Owner is required to attached in all except Bill copy is in name of the Company.
Q.12 Which Banks are in AGILe-PRO mentioned that can be selected for opening Current Account of the proposed Company ?
Ans. Presently Punjab National Bank ,SBI Bank, ICICI Bank, Kotak Mahindra Bank, Bank of Baroda, UBI, IndusInd Bank and HDFC Bank has been integrated with SPICe+ for opening a Bank account.
Q.13 Is INC-22 required to be filled with SPICe+ ?
Ans: It is not required to be filed with SPICe+ if a company is registered with the same address as the address for correspondence. In case the registered address is different, INC-22 is required to be filed within 30 days of its incorporation, for intimating the registered office address.
Q.14 Word limit for writing objects in e-MOA ?
Ans. For Main Object i.e. Part 3(a) limit is 20000 and for furtherance(ancillary) object it is 100000 (1 lakh) characters.
Q.15 Is PAN & TAN application mandatory in SPICe+ Part B ?
Ans. Yes, PAN and TAN application is mandatory for all Companies in SPICe+ PART B.
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