Private Limited Company Incorporation Procedure

A Private Limited Company can be incorporated with a minimum of 2 directors (DIN) and a maximum of 20 directors (DIN) and has a minimum of two stockholders and a maximum of 200 stockholders. Owners of the company have limited liability to creditors. In case of a default, banks/creditors can sell only company property but not the personal assets of directors.

Features of SPICE+: SPICe+ is an integrated Web Form replacing the earlier version of the e-forms, the form is divided in to two parts viz.:

Part A-for Name reservation for new companies

Part B – offering a bouquet of services viz.

Incorporation

DIN allotment

Mandatory issue of PAN

Mandatory issue of TAN

Mandatory issue of EPFO registration

Mandatory issue of ESIC registration

Mandatory issue of Profession Tax registration(Maharashtra)

Mandatory Opening of Bank Account for the Company

Allotment of GSTIN (if so applied for)

It may be noted that from 23rdFebruary 2020 onwards, RUN service is applicable only for ‘change of name’ of an existing company and the new web form Facilitate On-screen filing and real time data validation for seamless incorporation of companies. 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)

STEP – I: Apply for Name Approval

A. Login on MCA Website

B. Details required to be mentioned in online form: New fields introduced in Part A of SPICe+ are: (i) Type* of company (ii) Class of company (iii) Category of company (iv) Sub-Category of company (v) Main division of industrial activity of the company (vi) Description of the main division.

C. Choose File: This option is available to upload the PDF documents. If applicant want to attach any file, can be upload at this option.

D. Submission of Form on MCA Website: After completion of above steps user shall submit the Form with MCA website.

E. Validity of Reserved Name: Reserved name shall be valid for 20 days from the date of approval of Name.

STEP – II: Preparation of Documents for Incorporation of Company After approval of name or for Incorporation of Company applicant have to prepare the following below mentioned Documents;

•  INC-9 – Declaration by first Subscriber(s) and Director(s)
• DIR-2- Declaration from first Directors along with Copy of Proof of Identity and residential address. (Adhaar card / Passport / Bank Statement )
• NOC from the owner of the property
• Proof of Office address (Conveyance/ Lease deed/ Rent Agreement etc. along with rent receipts);
• Copy of the utility bills which should not be older than two months ( Electricity Bill , GAS Bills , Telephonic Bills)
• In case of subscribers/ Director does not have a DIN, it is mandatory to attach: Proof of identity and residential address of the subscribers
• All the Subscribers should have Digital Signature.

STEP – III: Fill the Information in Form

Features of SPICe+ (Inc-32) form:

• Maximum details of subscribers are SEVEN (7). In case of more subscribers, physically signed MOA & AOA shall be attaching in the Form.
• Maximum details of directors are TWENTY (20).
• Maximum THREE (3) directors are allowed for filing application of allotment of DIN while incorporating a Company.
• Person can apply the Name also in this form.
• By affixation of DSC of the subscriber on the INC-33 (MOA) date of signing will be appear automatically by the form.
• Applying for PAN / TAN will be compulsory for all fresh incorporation applications filed in the new version of the SPICe form.
• Company can apply for Application for Goods and services tax Identification number, employees state Insurance corporation registration pLus Employees provident fund
• rganization registration, Profession tax Registration (in Maharashtra) and Opening of bank account(AGILE-PRO) through AGILE-PRO form.
• In case of companies incorporated, with effect from the 26th day of January, 2018, with a nominal capital of less than or equal to rupees fifteen lakhs or in respect of companies not having a share capital whose number of members as stated in the articles of association does not exceed twenty, fee on INC32 (SPICe+) shall not be applicable

STEP – IV: Preparation of MOA & AOA (Electronic or Physical)

After proper filing of SPICE form applicant has to download the e-form INC-33 (MOA) and INC-34 (AOA) form the MCA site. After downloading of form fill all the information in the forms as per requirement of Table A to J of Schedule I.

•  After completely filing of the form affix DSC of all the subscribers and professional on subscriber sheet of the MOA & AOA.
• (Make Sure Professional and Subscriber sign the form on same date)

STEP – V: Fill details of PAN & TAN

It is mandatory to mention the details of PAN & TAN in the Incorporation Form INC-32. Link to find out of Area Code to file PAN & TAN are given in Help Kit of SPICE Form.

STEP – VI: Fill details of GST, IEC in AGILE-PRO

If Company wants to apply for GST or IEC it has to select YES in the form and fill the information in the form. If Company doesn’t want to apply for GST and IEC then it have to select no.

STEP – VII: Submission of INC-32, 33, 34, AGILE-PRO on MCA

Once all the 4 forms ready with the applicant, upload all four document as Linked form on MCA website and make the payment of the same.

STEP – VIII: Certificate of Incorporation

Incorporation certificate shall be generating with CIN, PAN & TAN.