MCA Filing Form SPICe+ (SPICe Plus) for Company Registration-Complete Overview

1. Introduction

The government has rolled out a new simple application to make it further easier for incorporating a business in India. The new web form, Simplified Proforma for Incorporating Company Electronically Plus (SPICe+), which integrates various services from various ministries and departments

The simplified application provides for Employees’ Provident Fund Organisation (EPFO) and Employees’ State Insurance Corporation (ESIC) registration among other things. The ministry of corporate affairs and labour, department of revenue and the Maharashtra government have collaborated for the new offering.

2. What is SPICe form MCA?Ministry of Corporate Affairs

The Ministry of Corporate Affairs (MCA), recently introduced SPICe form or Form INC-32 that helps incorporate a company with a single application for reservation of name, incorporation of a new company and/or application for allotment of DIN.

3. KEY FEATURES OF FORM SPICE+:

As part of Government of India’s EODB initiatives, MCA has come up with new Form SPICE+ replacing the existing SPICe form.

Spice+ would offer 10 services by 3 Central Government Ministries & Departments and One state Government (Maharashtra), thereby saving as many procedures, time and cost for starting a Business in India and would be applicable for all new company incorporations w.e.f 23rd February 2020.

4. Some features of Spice+ Form (integrated Web Form)

1. SPICe+ would be an integrated Web Form.

2. SPICe+ would have two parts viz.: Part A-for Name reservation for new companies and Part B offering a bouquet of services viz. (i) Incorporation (ii) DIN allotment (iii) Mandatory issue of PAN (iv) Mandatory issue of TAN (v) Mandatory issue of EPFO registration (vi) Mandatory issue of ESIC registration (vii) Mandatory issue of Profession Tax registration(Maharashtra) (viii) Mandatory Opening of Bank Account for the Company and (ix) Allotment of GSTIN (if so applied for)

3. Users may either choose to submit Part-A for reserving a name first and thereafter submit Part B for incorporation & other services or file Part A and B together at one go for incorporating a new company and availing the bouquet of services as above.

4. A new and user friendly Dashboard on the Front Office is being created for company incorporation application (SPICe+ and linked forms as applicable).

5. Incorporation applications (Part B) after name reservation (In Part A) can be submitted as a seamless process in continuation of Part A of SPICe+. Stakeholders will not be required to even enter the SRN of the approved name as the approved Name will be prominently displayed on the Dashboard and a click on the same will take the user for continuation of the application through a hyperlink that will be available on the SRN/application number in the new dashboard.

6. Resubmission of applications for company name reservation and/or incorporation shall also be handled through the application number/Name applied for link on the new dashboard. A hyperlink will be available for the SRN/application number, so as to enable easy resubmission, wherever required.

7. From 15th February 2020 onwards, RUN service would be applicable only for ‘change of name’ of an existing company.

8. The new web form would Facilitate On-screen filing and real time data validation for seamless incorporation of companies.

9. The approved name and related incorporation details as submitted in Part A, would be automatically Pre-filled in all linked forms also viz., AGILE-PRO, eMoA, eAoA, URC1, INC-9 (as applicable)

10. For ensuring ease while filing, SPICe+ will be structured into various sections.

11. Information once entered can be saved and modified.

12. All Check form and Pre-scrutiny validations (except DSC validation) will happen on web-form itself.

13. Once the SPICe+ is filled completely with all relevant details, the same would then have to be converted into pdf format, with just a click of the mouse button, for affixing DSCs.

14. All digitally signed applications can then be uploaded along with the linked forms as per the existing process.

15. Changes/modifications to SPICe+ (even after generating pdf and affixing DSCs), can also be done by editing the same web form application which has been saved, generating the updated pdf affixing DSCs and uploading the same.

16. DSC validation and other validations will happen at Upload Level.

17. Registration for EPFO and ESIC shall be mandatory for all new companies incorporated w.e.f 15 February 2020 and no EPFO & ESIC registration nos. shall be separately issued by the respective agencies.

18. Registration for Profession Tax shall also be mandatory for all new companies incorporated in the State of Maharashtra w.e.f 15th February 2020.

19. All new companies incorporated through SPICe+ (w.e.f 15th February 2020) would also be mandatorily required to apply for opening the company’s Bank account through the AGILE-PRO linked web form.

20. 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:

(i) Total number of subscribers and/or directors is greater than 20 and/or

(ii) Any such subscribers and/or directors have neither DIN nor PAN.

5. Attachments Required

For SPICe+:

  • Memorandum of Association
  • Articles of Association
  • 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)
  • 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
  • Declaration in Form No. INC – 15
  • Optional attachments (if any)
  • Attachments – Part A

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

Stepwise Procedure For New Company Incorporation Under SPICe+

1. The feature ‘SPICe+’ is listed under ‘MCA Services’.

2. When you click on ‘SPICe+’, the next screen shows:

3. When you choose ‘New Application’, the next page shows below:

Stepwise Procedure For New Company Incorporation Under SPICe+

4. If you’ve an existing application, you can choose ‘Existing Application’, feed in the application number along with the proposed or approved name.‘Type of Company’ displays the below options to choose from:

Stepwise Procedure For New Company Incorporation5.‘Class of Company’ has the below options:

Class of Company has the below options

6.‘Category of Company’ has the below options:

7.‘Sub-Category of Company’ has the below options:

Sub-Category of Company has the below options

8. Next, we have to choose the ‘Main division of industrial activity of the Company’ (Mention the code of the industrial activities). For example, if you choose ‘01’, business description that will be auto-populated as the ‘Description of main division’.

Next, particulars of the ‘proposed or approved name’ will be mentioned. For first level automatic scrutiny we have to click the ‘Auto-check’ of the proposed or approved name in accordance with the rules governing the name. We have to submit the ‘Part A’ for reservation of name or proceed with the incorporation.

Upon choosing to proceed with incorporation, ‘Part B’ is enabled. There are various sections in Part B with validation for ‘check form’ for each section.

The details required for registration (as mentioned in the paragraphs above) have to be entered. The details also include:

– Address of the registered office of the company
– Proposed directors and subscribers
– Capital of the company
– Other information to apply for tax registrations such as PAN and TAN

You have to upload the documents required for registration (as mentioned in the paragraphs above).

Carry out a ‘pre-scrutiny’ check. Once the ‘pre-scrutiny; is successful, click on ‘submit’. A confirmation is displayed upon successful submission of the form.

Next, you should download the PDF of Part B submitted for affixing the DSC and for filling up any linked forms along with Part B. The forms linked to SPICe+ are AGILE-PRO, SPICe+MoA and SPICe+AoA, URC-1 and INC-9. Part B of SPICe+ and linked forms can then be uploaded on the MCA portal. A Service Request Number is generated for making a payment towards company incorporation. Once the payment is made successfully, the forms would be processed.

In a case where the forms need resubmission for any errors being flagged upon processing, the SPICe+ form has to be resubmitted in the same manner.

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.

The Author CS Deepak Seth (Associate Partner at Helpinghands Professionals LLP) and can be reached at contacthhpro@gmail.com or 9910248911.

Author Bio

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CS Deepak Seth is an Associate Member of Institute of Companies Secretaries of India having good experience in legal and secretarial matters. He is graduate from Delhi University and Post graduate from IGNOU University. He is also MBA in Finance and LLB Deree holder. He possesses professional experi View Full Profile

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