DIFFICULT TO INCORPORATE A COMPANY ON MCA PORTAL? Article explains Simplified STEP WISE PROCEDURE for Incorporation of Company in India on MCA Website using different type of Incorporation Forms.
Article also explains document required for incorporation of different Types of company in India with SPICE+ Form i.e. Private Limited Company (OPC), Private Limited Company, Section 8 Company and Private Limited (Foreign Subsidiary).
Simplified STEP WISE PROCEDURE for Company Incorporation
| SL NO. | PARTICULARS | INFORMATION |
| 1. | SPICE+ FORM | As part of Ease of Doing Business (EODB) initiative, the Ministry of Corporate Affairs deployed a new WEB FORM – ‘SPICE+’.
SPICE+ Stands for Simplified Proforma for Incorporating Company Electronically. SPICE+ is an integrated web form with application under single-window for multiple services. |
| 2. | Integration with Respective Authorities | 10 services by 3 Central Government Ministries and Departments
Ministry of Corporate Affairs, Ministry of Labour and Department of Revenue in the Ministry of Finance and One State Government (Maharashtra) |
| 3. | Index of SPICE+ | A new and user friendly dashboard is created for SPICE+ and linked forms as applicable
PART A – Name Reservation (New Companies only) PART B – Company Incorporation Application For DIN PAN Application (Mandatory) TAN Application (Mandatory) GSTIN Application (Optional) EPFO Registration (Mandatory) ESIC Registration (Mandatory) Opening of Bank Current Account for the Company (Mandatory) Professional Tax Registration (Only for Maharashtra) |
| 4. | SPICE+ PART A | Name Reservation to be applied by selecting NEW APPLICATION – SPICE+ PART-A window shall be displayed for selecting and filling the below mentioned heads-
Type of company Class of Company Category of Company Sub-category of Company Main Division of Industrial Activity of the company Description of the Main Division 2 Proposed Names. Any other supporting documents can be attached. Example – Object Clause of the Company or Trade Mark Registration Certificate or Board Resolution’s, if any. Select Auto check – Save – Submit Once submitted, CRC shall send mail (Registered mail id) either for approval or resubmission or rejection reasons for not approving the proposed name. |
| 5. | SPICE+ PART B | Post approval from CRC, Application Number shall be created for each Company.
Click on the Existing Applications tab and the List of application details shall be displayed. Note: There is an option of date filtration for selecting the application details. (Useful for sorting when there are high number of applications) SPICE+ form shall be filed with MOA and AOA as attachments in case of more than 7 Subscribers There shall be link on Application Number which shall redirect to fill the further details by selecting FILL BUTTON in PART B Structure of the Company Address of the Company Subscriber and Directors Details Particulars of Director and Subscribers Details (By selecting ADD/EDIT LINK) Stamp Duty PAN and TAN Information Requisite Attachments to be done Declaration to be checked Declaration and Certification by Professional (CA, CS or CMA) Once the complete details and attachments are completed, Prescrutiny and Submit should be clicked. There shall be message as shown below:
Next step is to Select Existing Application and Application Number-the following shall be displayed
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| 6. | SPICE+ MOA | Need to select FILL BUTTON which shall redirect to fill the following details-
Select the table applicable to the company Name of the company is prefilled Registered Office of the company is prefilled Mention the main objects to be pursued by the company Matters necessary for furtherance of the main objects The liability of the member is limited (need not to fill) Share capital of the company Declaration Subscribers details Signed before professional Select Check form- the pop-up message displays Then, select Save button- the pop-up message displays At last, Select submit Button- the pop-up message displays |
| 7. | SPICE+ AOA | Need to select FILL BUTTON which shall redirect to fill the following details-
Select the table as applicable to the Company Name of the Company is prefilled Selected table shall be displayed as below Details of Subscribers Signed before Professional Select Check form- the pop-up message displays Then, Select Save button- the pop-up message displays At last, Select submit Button- the pop-up message displays
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| 8. | AGILE-PRO | Need to select FILL BUTTON which shall redirect to fill the following details-
1. Name of the Company is Prefilled
4. Requisite Attachments to be done.
5. Declaration by Office Bearer, Primary Owner, Authorized Signatory Click on Prescrutiny and submit |
| 9. | Form NO. INC-9 | INC-9 shall be Auto-generated in pdf format and the same to be downloaded to affix the DSC of Directors and Subscribers
Upload the same form as linked Electronic forms along with SPICE+ forms |
| 10. | Sequence of Forms for Uploading | SPICE+
E-MOA(If Applicable) E-AOA(If Applicable) AGILE-PRO(Mandatory in all the Cases) INC-9 (If Applicable) |
| 11. | Validations | All Check form and pre-scrutiny validations will happen on Web-form Itself
DSC and other Validations will happen at Upload level or Stage on MCA Portal |
| 12. | Approval | Certificate of Incorporation (PAN & TAN Printed) will be sent to the registered mail by CRC. |
ATTACHMENTS FOR SPICE+:
| Private Limited Company (OPC) | Private Limited Company | Section 8 Company | Private Limited (Foreign Subsidiary) |
| Declaration by the first director(s) and subscriber(s) | Declaration by the first director(s) and subscriber(s) | Memorandum of Association | Memorandum of Association |
| Proof of office address | Proof of office address | Articles of Association | Articles of Association |
| Copy of utility bills
|
Copy of utility bills
|
Declaration by the first director(s) and subscriber(s) | Declaration by the first director(s) and subscriber(s) |
| Consent of Nominee (INC–3)
|
Proof of identity as well as the residential address of subscribers | Proof of office address
|
Proof of office address
|
| Proof of identity as well as the residential address of subscribers | Proof of identity and address of Applicants | Copy of utility bills
|
Copy of utility bills
|
| Proof of identity as well as residential address of the nominee | Proof of identity as well as the residential address of subscribers | Copy of certificate of incorporation of foreign body corporate (if any) | |
| Proof of identity and address of Applicants | Proof of identity and address of Applicants | A resolution passed by promoter company | |
| Declaration in Form INC – 14
|
Proof of identity as well as the residential address of subscribers | ||
| Declaration in Form INC – 15 | Proof of identity and address of Applicants | ||
| Optional attachments | Optional attachments | Optional attachments | Optional attachments |
| Attachments – Part A | Attachments – Part A | Attachments – Part A | Attachments – Part A |
The attachments are mentioned specifically for only for incorporation of four types of Private Limited Company
For AGILE-PRO:
1. Proof of principal place of business
2. Proof of appointment of Authorised Signatory for GSTIN
(Either of the documents– Letter of Authorisation/Copy of Resolution passed by BOD/ Managing Committee and Acceptance Letter)
3. Proof of identity of Authorised Signatory for the opening of a bank account
4. Proof of address of Authorised Signatory for the opening of a bank account
5. Specimen Signature of Authorised Signatory for EPFO
CONCLUSION:
The Ease of doing Business initiatives taken by the Ministry of Corporate Affairs or other concerned Authorities or Departments over the last few years has remarkably fastened the process of company incorporation. Appreciating for a seamless integration and fast procedure and reducing lot of hurdles and ensuing time saving factor in availing multiple approvals in one single Window i.e., SPICE+ WEB BASED INCORPORATION FORMS.
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