Incorporation of Private Limited Company – SPICe Forms

PROCESS FOR INCORPORATION OF PRIVATE LIMITED COMPANY WITH SPICE FORM:

To simplify the process of Incorporation, SPICe Form was introduced via MCA Notification dated 01.10.2016 wherein there is no requirement for physically signing of MOA and AOA. These documents are now signed electronically and uploaded along with SPICe Form for incorporation.

KEY POINTS:

• It can be used for Incorporation of One person Company, Private, Section 8 & Public Limited Company with 7 or less than 7 subscribers.
• Application for DIN of maximum 3 directors, application for availability of name, PAN and TAN Application can be done through this Form. No need for separate filing of any other form for incorporation.
• Form INC-32 (SPICe)

Form INC-33 (SPICe MOA)

Form INC-34 (SPICe AOA)

• DSC of all the subscribers is mandatory.
• Maximum size of all the 3 SPICe Forms should be 6 MB i.e the total size should be 6 MB.
• Application for only one name can be made in SPICe Form. If you want to give other names as well, then file INC-1 with the ROC and apply for 6 names.
• This process takes around maximum 2 days.
• INC-8 is not required to be attached separately.
• Name taken in INC-1 is valid for 60 days within which the company should be incorporated.. However, as per the Companies Amendment Bill, 2016 passed by the Lok Sabha, name approved in INC-1 would be valid for 20 days within which it should be incorporated.
• Once, all the three forms are uploaded on the MCA Website, make the payment as per the challan. Then go to the link, submit PAN and TAN Application. Put the SRN of the SPICe Form and download the PAN and TAN Forms. Attach the DSC on both the forms and upload on the same link. (Please note, application won’t be processed if PAN and TAN forms are not submitted. PAN & TAN forms need to be submitted within 2 days of filing the SPICe Forms).
• In case the form gets rejected by ROC, you can apply for refund of the same.
• Nidhi companies can also be incorporated through SPICe Form.

ATTACHMENTS:

• Affidavit from all the directors cum subscribers INC-9
• Declaration of deposits.
• KYC of all the Directors.
• Form DIR-2 with its attachments i.e PAN Card and address proof of the directors.
• Consent letter of all the directors.
• Interest in other entities of the directors.
• Utility bill as a proof of Office address.
• NOC in case the premises are leased / rented.

Please refer all the relevant sections, rules, amendments and consider all the necessary requirements as applicable. The author is not responsible for any losses caused or incurred.

• The content is merely for sharing knowledge. Author can be reached at caswetamakwana@gmail.com or 9819244185.