CS. Deepshikha Garg
SPECIFIED PERFORMA FOR INCORPORATING COMPANY ELECTRONICALLY, SINGLE APPLICATION FOR RESERVATION OF NAME ALONG WITH INCORPORATION OF A NEW COMPANY
Purpose of the e-form
EForm SPICe (INC-32) {In pursuance of sections 4, 7, 12, 152 and 153 of the Companies Act, 2013 read with rules made thereunder}deals with the single application for :-
- Reservation of name,
- Incorporation of a new company,
- Application for allotment of DIN and/or application for PAN and TAN.
This eForm is accompanied by supporting documents including details of Directors & subscribers, MoA and AoA etc. Once the eForm is processed and found complete, company would be registered and CIN would be allocated. DINs gets issued to the proposed Directors who do not have a valid DIN. Maximum three proposed Directors are allowed for using this integrated form for filing application of allotment of DIN while incorporating a company. Also PAN and TAN would get issued to the Company.
Reservation of name of New Company
Enter the particulars of the proposed name. State the significance of the key or coined word used in the proposed name. If the proposed name contain such word or expression for which the previous approval of Central Government is required then attach the necessary approval.
If the name is similar to:-
- Existing Indian Company then, a certified true copy of No objection certificate by way of board resolution (In case of Indian company)
- Foreign body corporate Company then, a certified true copy of resolution (in case of foreign company) needs to be attached.
The proposed name is based on a registered trademark or is subject matter of an application pending for registration under the Trade Marks Act
- Attach approval of such owner of the registered trademark or the applicant of such trade mark for which application for registration is pending.
In case of name already approved via eForm INC-1, the same gets pre-filled based on the SRN entered.
Example :- In case of a private limited company (other than producer company) – ABC Private Limited
Capital structure of the company
Minimum authorized and subscribed share capital required for a private company having share capital is Rupees two. Enter the details of number of members in case of a company is
not having share capital. Maximum number of members excluding proposed employee(s) should not be greater than 200 in case of a private company. Number of members excluding proposed employee(s) should be greater than or equal to two in case of Private company.
Attachment
If the address for correspondence is the address of registered office of the company, then following attachments are mandatory:
- Proof of office address, Copy of utility bill as Per Rule 25(2)(d) of Companies Incorporation rules, 2014
- NOC As Per Rule 25(2)(C) of Companies Incorporation rules, 2014
- Affidavit and declaration by first subscriber(s) and director(s)
- Dir-2 (Consent by the directors)
- In case individual first subscriber(s) cum directors ‘Not having DIN’ Attach Proof of identity (Voters Identity Card/ Passport/ Driving License/Aadhaar Card), copy of PAN card and Residential Proof (Bank / Electricity Bill/ Telephone bill/ Mobile bill/Aadhaar card).
Further the stakeholder is required to file
E-Form SPICe MOA (INC-33) {Pursuant to Schedule I (Sections 4 of the Companies Act, 2013}
Enter the name of the company, the state of the company’s registered office as mentioned in e-form SPICe (INC-32). Give the correct details of the objects to be pursued in field 3(a) by the company and also mention the matters that are necessary for furtherance of the main objects mentioned in field 3(a). Enter total authorized share capital of the company and mention the details of subscribers (Name, address, Description and Occupation) in the prescribed format and details of the witness along with his/her DSC
eForm SPICe AOA (INC-34) In Pursuance to Schedule I (Sections of the Companies Act, 2013.
Mandatory requirement to file e-Form inc-32
This form available on MCA w.e.f. 03.10.2016.
> One Person Company = INC-32 (SPICe )
> Private Limited Company (with 7 or less than 7 subscribers) = INC-32 (SPICe )
> Public Limited Company (with 7 subscribers INC-32 (SPICe )
> Section 8 Company(with 7 or less than 7 subscribers) = INC-32 (SPICe )
> Company with foreign Subscribers (up to 7) = INC-32 (SPICe )
Some aspects to be considered:
> The e-Form will not be auto approved (STP).
> Director is required to give declaration at the end of the form that he have check the name on MCA website and Trade Mark Website.
> DSC of Director will be affix on form. {In case of director don’t have DIN then mention PAN No. of director at the place of affixing of DSC)
> DSC of professional will also affix on the form.
> List of main divisions of industrial activities given as Annexure A in the instruction Kit of INC-32.
> Declaration is required to give by a person named in articles as a director of the company who has been duly authorized by the promoters of the company to sign this form that all the requirements of the Companies Act, 2013 and the rules made thereunder.
> Declaration to be given by director who is authorized by each subscriber that company shall not commence its business, unless each subscriber has paid the value of the shares agreed to be taken by him at the time of subscribing to the Memorandum of Association;
> Director is required to give declaration who is authorized by each subscriber that company shall not commence its business, unless all the required approval from the sectoral Regulators such as RBI, SEBI etc. have been obtained;
> Director is required to give declaration who is authorized by each subscriber on behalf of all the first director(s) named in the AoA of the proposed company that the information given in this integrated application form for incorporation and attachments thereto are correct and complete. All the required attachments have been completely, correctly and legibly attached to this form.
> Only one name can be applied for approval in this e-form. Therefore, duly check the proposed name and follow name availability guidelines, existing trade marks to avoid rejection.
Note: Attention is drawn to the provisions of sections 7(5) and 7(6) which, inter-alia, provides that furnishing of any false or incorrect particulars of any information or suppression of any material information shall attract punishment for fraud under section 447. Attention is also drawn to provisions of section 448 and 449 which provide for punishment for false statement and punishment for false evidence respectively.
Checkout the Procedure for Incorporation of Company
