MCA Notification dated 21.01.2022 contains a list of notifications issued by the Ministry of Corporate Affairs during 2023 for making amendments to the provision of the Companies Act 2013 and Rules made thereunder.
Amendment to Companies (Incorporation) Rule, 2014:
The following forms are covered in the recent amendment:
SPICe+ PART A, SPICe+ PART B, INC-4, INC-13, INC-31, INC-33, INC-34, INC-9, AGILE PRO-S, URC-1.
i. SPICe PART-A: NIC code 2008 introduced with the option of selecting 3 business activities with a 5-digit code.
ii. SPICe PART-B:
- FORM INC-3: The name of the person nominated shall be nominated in MOA and such nomination filed in E Form INC-32 (SPICe+) along with Consent, earlier given in Form INC-3 (Substituted).
- FORM-INC-4: A person nominated by the subscriber of OPC may withdraw his consent by giving notice in writing to such sole member and to the OPC in the form of a declaration in Form INC-4.
The Company in the form of declaration in Form INC-4 can file with the registrar notice of withdrawal and intimation of another person nominated by the sole member within 30 days.
- E-MOA and E-AOA: E MOA (INC-13) and E-AOA (INC-31) were incorporated including in section 8 Company. E- MOA (INC-33) and E-MOA (INC-34).
Auto-population of object clause, subscriber, and share capital details from SPICe+ Part A and Part B.
- Capital: Bifurcation of Capital into different classes to be provided.
- INC-14 and INC-15: The requirement of INC-14 and INC-15 as an attachment is omitted.
- FORM No. INC-18: An intimation along with a copy of the appreciation with annexures as filed in Form no. INC.18 with the Regional Director shall also go to the registrar through the MCA system.
- Attachments were removed and information was captured in a machine-readable format.
URC-1: The requirement of providing the attachment ‘Resolution of Unregistered Companies in case of Chapter XXI (Part I) companies’ in SPICe+ Part B is to be moved to the attachment section of URC-1.
Consent of Members, a declaration from all the members covered under 8(1)(b) and (c), a declaration from directors, and a Certificate from Professionals are removed as an attachment and moved in Form URC-1.
INC-9: Attachments ‘Consent of majority of members, ‘Consent of at least three -fourth of members agreeing for registration under this part’, ‘Declaration from all the members regarding compliance as per section 8(1)(b) and section 8(1)(c) of the Act and detailed objects of the company have been removed and added as declarations in Form INC-9.
AGILE PRO- S: Mandatory for all Companies.
Disclaimer: This article provides general information existing at the time of preparation and we take no responsibility to update it with the subsequent changes in the law. The article is intended as a news update and Affluence Advisory neither assumes nor accepts any responsibility for any loss arising to any person acting or refraining from acting as a result of any material contained in this article. It is recommended that professional advice be taken based on specific facts and circumstances. This article does not substitute the need to refer to the original pronouncement
Author Bio
I tried to fill the incorporation.
I have some queries:
1. In MOA, unable to edit main objects. The NIC code mentioned in Spice Part A is automatically pre-filled in main objects of MOA. How to elaborate it?
2. In MOA, like in V2, I mentioned 29 points in other objects, but when I downloaded it, the form shows only 9 points in it. Is there any maximum limit of number of letters allowed in other objects of MOA?
3. In MOA & AOA, I entered full details of Subscribers (Address & Occupation), but it doesn’t show the full details in pdf downloaded form.