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SPICE forms: A hassle-free process of incorporation

Ministry of Corporate Affairs (‘MCA’) has come with for Incorporation of Company under Companies Act, 2013 to incorporate the company within one day; with the SPICE forms meaning (Simplified Performa for Incorporating Company Electronically).

It was a significant step taken by Ministry of Corporate Affairs by introducing e-form INC-32 under SPICe scheme vides MCA’s notification dated 01/10/2016 notifying Companies (Incorporation) Fourth Amendment Rules, 2016.

The Ministry of corporate affairs (MCA) is primarily concerned with the administration of the Companies Act 2013, the Companies Act 1956, the Limited Liability Partnership Act, 2008 & other allied Acts and rules & regulations framed there-under mainly for regulating the functioning of the corporate sector in accordance with law.

The following forms are notified by MCA:

  • Incorporation of a company in e-Form SPICE (INC-32)
  • e-Memorandum of association in e-Form SPICE MOA (INC-33)
  • e-Article of association in e-Form in e-Form SPICE AOA (INC-34)

In today’s global scenario, it’s a very way to start the business with a single window form.

It’s said so because earlier if a Person wanted to incorporate Company then they had to apply for the DIN, Approval of the Name, its availability, separate form for first Director, Registered office address, PAN, TAN etc.

But this form can be used for all the following purposes:

  • Application of DIN (up to 3 Directors)
  • Application for Availability of Name
  • There is no need to file a separate form for first Director (DIR-12)
  • There is no need to file a separate form for an address of registered office (INC-22)
  • There is no need to file a separate form for PAN & TAN

Type of companies covered under e-Form SPICE (INC-32):

  1. One Person Company = INC-32 (SPICe )
  2. Private Limited Company (with7 or less than 7 subscribers) = INC-32 (SPICe )
  • Public Limited Company (with7 or less than 7 subscribers) = INC-32 (SPICe )
  1. Section 8 Company(with7 or less than 7 subscribers) = INC-32 (SPICe )
  2. Producer Company (with7 or less than 7 subscribers) = INC-32 (SPICe )
  3. Producer Company (with more than 7 subscribers) = INC-7
  • Company with foreign Subscribers (up to 7) = INC-32 (SPICe )

The following documents are required for Incorporation of Private Limited Company under SPICe process:

  1. Documents from Directors and Shareholder
  2. IDENTITY PROOF

1) Permanent Account Number (PAN) Card
2) Aadhaar Card / Passport / Driving License / Voter Identity Card

  1. ADDRESS PROOF

1) Telephone Bill / Mobile Bill
2) Electricity Bill / Water Bill
3) Bank Statement /Bank Passbook with latest transaction

(Any one of the Document not older than 2 months)

*Telephone Bill / Mobile Bill/Electricity Bill / Bank Account Statement must be in the name of applicant and should not be older than 2 months

  1. PASSPORT SIZE PHOTOGRAPHS – 3 EACH

Notes:

(If the documents are not in English, then it should be translated to English)

*All the Copies of documents must be Self Attested by the applicant

2. Documents to be signed by DIRECTORS

1) Consent to Act as Director: Form DIR-2
2) Details for Director identification number (DIN)
3) Declaration of DIN (If DIN is allotted already)

 

3. Documents to be signed by SHAREHOLDERS

1) Application for Digital Signature Certificate (DSC)

2) Affidavit by Subscribers & Director: (INC-9)

 

4. Documents from Company / LLP / Trademark Owner, if any

1) Board Resolution / Formal authorisation for use of Name / Trademark

2) The authorization for execution Documents from Company / LLP

 

* To be signed by the concerned on their Letterhead

  1. Registered Office – Address

1) No-Objection letter from the Owner of Address to use the address ad Registered office of the Company.

2) Address Proof – In the name of the Owner of Address

  1. Electricity Bill, Telephone Bill (Fixed Line Only), Gas Bill or Water Bill (Not older than 2 months); OR
  2. Tax Paid Receipt or Copy of Registered Sale Deed

*To be signed by the of the Owner of Premises

 

  • If the Address facility is availed from a Shared Office Service provider, a copy of Electricity Bill / Tax Receipt with a copy of Lease Agreement with specific powers to sublease or issue NOC letters for use of premise as Registered Office address under Companies Act is also required.

* To be signed by the Owner of the Premises/ Signed by the Shared Office Service provider.

Features of SPICe (inc-32) form:

  • Maximum details of subscribers are SEVEN (7). In case of more subscribers,the normal incorporation procedure in INC-7 shall be followed.
  • Maximum details of directors are TWENTY (20).
  • Maximum THREE (3) directors are allowed for filing application of allotment of DIN while incorporating a Company.
  • The person can also apply for the name in this form.
  • By affixation of DSC of the subscriber on the INC-33 (e-moa), date of signing will appear automatically by the form.
  • Applying for PAN / TAN will be compulsory for all fresh incorporation applications filed in the new version of the SPICe form.

Filling the form:

 

 

 

Note:

  • Director has to give declaration at the end of the form that he has checked the name on MCA website and Trade Mark Website.
  • DSC of Director will be affixed on the form. {In case, director don’t have DIN then mention PAN No. of director at the place of affixing of DSC)
  • DSC of professional will also be affixed on the form.
  • Only one name can be applied for approval in this e-form. Therefore, one is advised to duly check the proposed name and follow name availability guidelines, existing trademarks to avoid rejection.
  • MCA21 system will auto-generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe, which the stakeholders will be required to download, affix digital signature and then upload both signed forms on an MCA21 system as linked forms.
  • The new version of SPICe incorporation applications will be processed only after Forms 49A & 49B are duly signed, uploaded and payment is confirmed by MCA
  • PAN (as allotted by Income Tax Deptt) will be printed in the Certification of Incorporation, and TAN will be separately communicated to the stakeholders by email
  • The new version of SPICe form for all fresh incorporation applications w.e.f 01 Feb 2017