Sargun Babuta

Changes required In Spice E form

The Ministry of Corporate Affairs has made the process of incorporation of a new company very easy and fast and tried to give facilty of name Reservation, DIN of the Directors GST registration PAN and TAN submission in one E form i.e. Spice , it provides help to the users and its self-descriptive nature helps in filling the Form.

But there are certain things which needs to be reconsidered in this new process as at times the promoters are not very clear about the options to be chosen for the business activity code. If other services are chosen then the sub activity is assigned by the MCA on its own eg a company was incorporated with main activity code 72 which is computer related services but the sub activity was assigned by the MCA is 502 which describes retail trading of computer or other parts etc where as the business of the company is providing IT help in construction work ( three dimensional view of the construction venue) ,hence, a different type problem occurred after incorporation of a company, sub activity code was  not as per the business activity of the company.

The form provides option to choose the main activity from the drop down box but sub activity is assigned by the Ministry of Corporate Affairs at the time of incorporation. There is no facility to choose sub activity code. It automatically fills as per the main activity. But, at times sub activity does not match with the main objectives of the company. At the time of submission of  e-forms the Spice MOA is also uploaded with Spice form, how come business activity is not matched with the activity code assigned by the Ministry of Corporate Affairs.

This makes the clients confused resulting the company loses the particular business opportunities.

Today is the era of online services provider when the business activity is not correct the prospective clients can’t reach to the service provider in that particular field so company loses the business as on search on the particular service on the Google on other search engines that company shows different business activity.

The ministry of corporate affairs need to look into this by giving the list of sub activity codes and type of business in the form or help kit /instructions kit.

1. Either the ministry of corporate affairs should give the option to choose the sub activity from the drop down box, or

2. Before assigning the activity code especially sub activity code, a confirmation letter should be sent to the directors and the company to check and confirm the code of the business activity as per the main objects of the company. As it is very difficult to change the activity code after the incorporation of the company because there is no settled /fixed procedure to change the business activity code after incorporation of the New Company.

or

A form to change the sub activity should be introduced as per the main objectives of the company.

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