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:

information alert images

Next step is to Select Existing Application and Application Number-the following shall be displayed

New Application

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

Spice images

8. AGILE-PRO Need to select FILL BUTTON which shall redirect to fill the following details-

1. Name of the Company is Prefilled

Agaile Pro

4. Requisite Attachments to be done.

Requisite Attachments

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.

Author Details-

Priyanka Sethia Asha Diwakar

Author Bio

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