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The Government of India along with the Ministry of Corporate Affairs made some strategic efforts to promote the startup culture in the year 2018.

Last year, The Ministry of Corporate Affairs focused on the agenda of incorporating a company in India in just 1 day. Now the campaign of ease of doing business in India has levelled up its bar by

  • Waiving off the Incorporation fee
  • Introducing a new Web Form for Name Approvals
  • Streamlining DSC and DIN

For More Read : Ease of Doing Business In India Is On A RUN.

Has the government really made the incorporation of a company in India cheap by reducing the statutory fee to ‘Zero’ for SPICe form and eMOA and eAOA or fabricated the process of collecting proceeds by creating a second window of Rs. 1000/- for name approvals through RUN web form?

Let’s study the cost breakdown under the two alternatives available for incorporation of a company in India.

If we Register a Company through RUN

Every applicant needs to file the web-based Reserve Unique Name form before filing the SPICe form for incorporation.

The RUN form gives an applicant only a single chance to get a suitable unique name approved. In case of rejection of the name due to any similarity of name with a registered company, an LLP or a trademark or due to non-adherence of the Companies (incorporation) Rules,2014; there are no second chances available.

The applicant will have to re-file another RUN form with a fresh fee of Rs.1000/-.

Let’s study the cost breakdown for this alternative:

Particulars

Fee

RUN web form*

1000

Government fee for SPICe 0
Stamp Duty** (For Delhi) 360
PAN and TAN fee 170
Notarization fee 70
Total cost 1600/-

* In case of re submission another Rs.1000/- would be levied.

** Different states have different stamp duties applicable. Which are not exempted.

Since it is optional for the applicants to either opt for the RUN form or not, let us evaluate the other option.

If we Register a Company through SPICe

An applicant can directly proceed to file this E-form. You get one chance of entering the proposed name for registration, which is similar to that of the provision in RUN.

Moreover, in case of rejection due to non-approval of the name, the applicant will get a second chance of refilling the same SPICe form without any further charges.

So, in short, you get two chances of filing the same form without any extra charge of paying Rs. 1000/- both the times.

Let’s study the cost breakdown for this alternative:

Particulars

Fee

RUN web form 0
Government fee for SPICe 0
Stamp Duty (For Delhi) 360
PAN and TAN fee 170
Notarization fee 70
Total cost 600/-

In case of failure to get the name approved in the second go, you can file the SPICe form again from scratch. This will any day prove to be cheaper than opting for the first option.

Cost Comparison of RUN vs. SPICe

 Let us evaluate the number of chances you get in SPICe form over the RUN web form when you pay about the same price.

Particulars

Cost for Run (exclusive of SPICe) Cost for SPICe

Cost You save for opting for SPICe

First attempt 1000/- 600/- 1000/-
Second attempt 1000/- Nil 2000/-
Third attempt 1000/- 600/- 2400/-
Fourth attempt 1000/- Nil 3400/-
Fifth attempt 1000/- 600/- 3800/-
Sixth attempt 1000/- nil 4800/-
Total cost for 6 name options 6000 +600* =6600/- 1800/- You end up saving 4,800/- for 6 name options

* This Rs.600 is the cost of SPICe form which will be filed after the name approval through RUN.

This comparison makes the ambiguity of opting for RUN web form over SPICe form, more clear. RUN has indeed proved to be a blessing in disguise with its user-friendly form which will make the applicant pay off more.

(Author Kushaj Gupta has Has an impassioned zeal for penning his untamed thoughts. He likes to explore different realms of the technology-driven business world along with a legal touch. Currently, he is associated with StartUpSection (http://startupsection.com) which is currently dealing in Company Registration in India and other associated activities.)

Author Bio

Has an impassioned zeal for penning the untamed thoughts. He likes to explore different realms of the technology-driven business world along with a legal touch. When not writing he is busy watching football or gaming for as long as he possibly can. Currently, he is associated with StartUpSection.com View Full Profile

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5 Comments

  1. G RAMA KRISHNA RAO says:

    CS G Rama Krishna Rao
    The DIR-3 is available after the changes introduced only for obtaining DIN with reference to existing companies and not for becoming a Director in new Companies. The logic probably is that new Directors are allotted DINs upto three through SPICe form. So far it is ok with reference to private and public ltd., companies where the minimum directors are two and three. But the same form is made applicable to Producer Companies as well where the minimum directors should be five. While three are allotted DIN through SPICe there is no way that another two will get DIN since DIR-3 (application for DIN is not operative for new companies). Though ticket is raised there is no reply for this issue.

  2. CA Digant Shah says:

    One another issue which i faceed recently while registering company in Gujarat is that we can not select state in MOA if we approve the name in RUN. I raised a tickit for that but issue is not resolved till that so we are not able to registering co.for as on date.

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