In this article 29, FAQs on new Company Incorporation Form SPICe (INC-32) are complied for ready reference of stakeholders.
1. How many names can be applied for in SPICe (INC-32)?
Only one. However, for reservation of a name prior to filing SPICe (INC-32), you may use INC-1 (in which up to 6 names can be proposed) and then input the SRN of approved INC-1 into SPICe.
2. What is the mode of grievance redressal?
In the case of technical problems i.e., form upload, pre-scrutiny errors, DSC related, payment related queries, please raise a ticket on www.mca.gov.in/myservices….. and await a resolution. You may also call up Corporate Seva Kendra at 01244832500 after 48 hours if the ticket is not resolved.
In the case of resubmission/rejection remarks, please contact 01244832500 and select option 1 for CRC. For escalation, you may send a mail to firstname.lastname@example.org.
3. Is INC-22 still required to be filed with SPICe?
It is not required to be filed with SPICe (INC-32) if a company is registered with the address for correspondence only (in INC-32). INC-22 is required to be filed within 30 days of its incorporation, for intimating the registered office address.
4. What is the process for obtaining approved e-MOA (INC-33) and e- AOA (INC-34)?
The users may obtain approved e-MOA (INC-33) and e- AOA (INC-34) through certified copies facility available on MCA.
5. Is, PAN and AADHAAR mandatory?
Yes. The companies (incorporation) rules notified has liberalised many requirements in respect of Proof of Identity and Proof of residence in respect of Subscribers and Directors. The Companies (Incorporation) third Amendment Rules dated 27th July 2016 has relaxed the mandatory attachment of proof of identity and residence in respect of a subscriber having a valid DIN.
6. Which attachments are removed in SPICe form?
Attachment no. 7 (Proof of relation) and 9 (NOC from any other person) are deleted.
7. Is it mandatory to use eMoA and eAoA? Can physical copies of MoA/AoA be signed and attached with SPICe forms?
Yes. It is mandatory in all cases of Indian subscribers, foreign individual subscribers (having a valid DIN) and where the number of such subscribers is not more than seven. No physical copies of MoA/AoA are required to be attached.
8. Can SPICe be used for incorporation of producer companies?
No. For incorporation of producer companies, unregistered companies and companies being formed with more than 7 subscribers, a new version of INC-7 shall be used.
9. If a body corporate is one of the subscribers/promoters, can DSC of an authorised Director be affixed?
10. Can, foreign subscribers file SPICe (INC-32) or are they required to file in INC-7?
Yes, foreign subscribers having valid DIN can file SPICe(INC-32) with eMoA(INC-33) and eAoA(INC-34) as linked forms. However, in the case of foreign individual subscribers without a valid DIN, form INC-7 shall be used with physical MoA and AoA.
11. In SPICe AoA (INC-34) if additional Article is required, how to enter the same?
SPICe AoA (INC-34) has a facility for adding, modifying, deleting and entrenching Articles.
12. Can we enter the conditions of the private company as required under Section 5 of the Companies, Act, 2013 in SPICe AoA (INC-34)?
Yes, SPICe AoA (INC-34) has a facility for adding, modifying, deleting and entrenching Articles.
13. Can we enter the names of first directors as required under Companies Act, 2013, in SPICe AoA (INC-34)?
Yes, SPICe AoA has facility for adding, modifying, deleting and entrenching Articles.
14. What if there are more than seven subscribers to MoA and AoA?
INC-7 shall be used.
15. In case of subscriber to the memorandum is a foreign national residing outside India, his signatures and address etc. shall be witnessed by a Notary Public/Embassy/Consulate offices of Embassies as per the Rule 13 of the Companies (Incorporation) Rules, 2014. In such cases, how the DSC of such a witness be affixed?
In such cases, SPICe (INC-32) shall be filed with manually signed and duly attested MoA and AoA.
16. Is DSC mandatory for Subscribers?
Yes, DSC is mandatory for all subscribers and witnesses in eMoA(INC-33) and eAoA(INC-34). eMoA and eAoA shall be used only where the maximum number of subscribers do not exceed 7. In case the number of subscribers are more than 7, INC-7 shall be used and DSC is not mandatory in such cases.
17. Can we use SPICe form now for resubmitting incorporation applications filed in form INC-2 /7 earlier?
No. SPICe cannot be used in such cases. However, form INC-2/7 shall be available for resubmission cases only for a period of 15 days from the date the form was sent for resubmission by CRC.
18. Whether subscribers’ photo is required in SPICe forms?
No. Subscribers’ photo is not required.
19. How many resubmissions are permitted for SPICe forms?
20. Can OPCs be incorporated using SPICe forms?
Yes. Form INC-2 will no longer be available for filing.
21. Can LLPs be incorporated using SPICe forms?
22. What is the word limit for writing objects in eMoA?
For main Objects (Field 3(a)), character limit is 20,000 and for furtherance of objects (Field 3(b)), it is 1,00,000 characters.
23. Please clarify on attestation requirements in respect of foreign companies wanting to form a subsidiary in India?
Attestation requirements will be as per Rule 13 of the Companies (Incorporation) Rules, 2014.
24. Is SPICe eMoA (INC-33) and SPICe eAoA (INC-34) to be uploaded separately?
SPICe eMoA and eAoA have to be uploaded as ‘Linked Forms’ to SPICe (INC-32).
25. What if the subscribers to eMoA and eAOA are at different places as only one witness is provided?
eMoA and eAOA would be witnessed after all subscribers have signed as is happening presently.
26. Is refund applicable if SPICe forms get rejected?
27. What is the maximum upload size of SPICe forms?
28. Can NIDHI Company be incorporated using SPICe forms?
29. Is filing of SPICe forms optional or mandatory for the incorporation of companies?
Presently it is optional. However in the next few weeks, SPICe form would be the only form available for incorporation of any company except for a Producer Public Company or a Part I Company or in cases where there are more than seven subscribers.