Everything about SPICe Plus Form

Want to incorporate a new company…??

Here is the solution to your all problems..!!

> Section 7 of Companies Act, 2013 deals with the procedure of Incorporating a Company.

>  Many amendments have come till now for Incorporation procedure within a short time span.

>  Earlier there were forms INC-1, DIR-3, INC-7, DIR-12 & INC-22 for company incorporation.

>  Then came RUN service and SPICe form alongwith electronic MOA & AOA, together these forms were named as INC-32, INC-33 & INC-34.

>  Then came within same frame of SPICe, a new form named as AGILE: for GST / ESI / EPFO registration simultaneously with the Company formation.

>  Again the procedure for Company Incorporation has been amended very recently and this SPICe has become SPICe + (plus). This new SPICe plus form has given us a single roof which facilitates multiple web services.

SOME IMPORTANT POINTS TO BE NOTED..!!

1. Now “RUN i.e. Reserve Unique Name” service to be used only when any existing company wants to change/ replace its name to the new one.

2. New SPICe + form divided into 2 parts:

a. PART A : Name Reservation for new companies

b. PART B : Offers multiple services :

i. Incorporation

ii. DIN Allotment

iii. Mandatory PAN & TAN allotment

iv. EPFO / ESI Registration

v. GST Registration

vi. Professional Tax Registration (in case of Maharashtra only)

vii. Opening of Bank Account of new company

3. One can on his/her discretion, submit ‘Part A’ for Name reservation and then submit ‘Part B’ for Incorporation & other services ‘OR’ can submit both ‘Part A & B’ together for Incorporating a company.

4. No Registrations for ESI / EPFO / Professional Tax shall be entertained if applied separately.

5. Declaration by all subscribers and first directors in INC-9 shall be auto-generated in pdf format (Except where the total number of subscribers or directors is greater than 20, and if any such subscribers or directors have neither DIN nor PAN).

This INC-9 has to be certified by a professional like CS, CA or CMA.

6. Application form in ‘Part B’ shall be in continuance with ‘Part A’ form details already filled in, i.e., no need to enter the SRN number again & again.

7. Application resubmission request for company name reservation and incorporation shall also be handled through the Application number / name applied for the link on the new dashboard. Also, a hyperlink will be available for the SRN / application number to enable easy resubmission.

8. The approved name and related incorporation details (submitted in Part A) will be automatically Pre-filled in all linked forms (AGILE-PRO, e-MoA, e-AoA, and INC-9).

9. After the SPICe+ is filled with all details, it is mandatory to convert the same into a pdf format, for affixing DSCs.

10. Only Two (2) resubmissions are allowed for a single Incorporation in case of rejection.

11. In case, SPICe plus form gets wholly rejected, one can get a refund on the same.

12. Every company registered under the SPICe+ must open a bank account. This facility is available through the AGILE-PRO link in the web form.

13. Attachments Required in SPICe Plus form:

• A declaration by the first subscribers and by the directors (It does not require an affidavit)
• A proof for the address of the office (conveyance / lease deed or rent agreement)
• Utility Bill copy (not older than 2 months)
• The interest of the first directors in other entities (Form MBP-1)
• Nominee’s consent (in case of OPC)
• Identity proof* and residential address** of the subscribers and the nominees
• Identity proof and residential address of all the Applicants i.e. Directors

*Mandatory Identity proofs: Adhaar Card, Pan Card, Voter ID card / Driving License

**Mandatory Residential Proofs: Bank Statement / Passport

14. Attachments required in AGILE – PRO form :

• Proof of Principal place of business
• Passport size photograph of all the Applicants
• Letter of Authority / POA / Copy of Resolution by BOD for an Authorized Signatory in GST
• Identity & residential proof of Authorized signatory in opening a bank account.

Disclaimer: The Article is based on the Relevant Provisions and as per the information existing at the time of the preparation. In no event, I shall be liable for any direct and indirect result from this Article. This is only a knowledge sharing initiative from my side.

Please go through again with all the amendments take place from time to time, before executing the procedure.

About Author: ACS Shampa Juneja, a Practising Company Secretary, Proprietor at Shampa Juneja & Associates and also Associated with M/s HRP Accounting & Advisory Services Private Limited