I. Introduction: On the 18th February 2020, the Ministry Of Corporate Affairs with the purpose of ease of doing business has introduced new rules Known as Companies (Incorporation) Amendment Rules, 2020 in order to amend the Companies (Incorporation) Rules, 2014. These rules have come into force with effect from 23rd February 2020.

Before such amendment there were three eForms called INC-32 (SPICe- 32), SPICe MOA and SPICe AOA, used to incorporate a company and The name application was made web-based through RUN, where two names can be applied with one re-submission allowed to be approved or rejected at the discretion of Central Registry Office. But after such amendment, this procedure has been partially not totally changes as a new form was come into force known as SPICE+ (Simplified Proforma for Incorporating Company Electronically Plus: INC-32). It is an easier way to incorporate a company.

II. Features of SPICe+: SPICe + is a web form consist of two parts

1. Part A: This section is for name reservation of New Company, before such amendment the name reservation for the new company was held through form RUN (Reserve unique Name). But as of now, this service is available for change of name only.

2. Part B: This section provides a combined form for no. of services. Following are the services provided under part –B.

  • DIN allotment
  • Incorporation
  • PAN
  • TAN
  • EPFO registration
  • ESIC registration
  • Profession Tax registration (For Maharashtra only)
  • Opening of Bank Account for the Company
  • Allotment of GSTIN (if so applied for)

III. Forms required to be fill for incorporation of a company:

i. SPICe+ (Application for incorporation of the company)

ii. SPICe+ MOA (Memorandum of Association )

iii. SPICe+ AOA (Article of Association)

iv. AGILE-PRO (Application for Goods and services tax Identification number, employees state Insurance corporation registration plus Employees provident fund organization registration, Profession tax Registration and Opening of a bank account)

v. INC-9 (Declaration by Subscribers and First Directors)

vi. URC-1 – web form (Applicable only in case of Part I Companies)

IV. Procedure:

1. Login in MCA portal and Click in SPICe + in MCA services

2. Apply for name reservation first by Click on New Application in SPICe+.

3. After that SPICe+ Part A gets enabled which contains fields relating to Name Reservation such as Type, Class, Category, Sub-Category, Main division of industrial activity of the Company and Particulars of the proposed or approved name.

4. After filling the form click on submit button for Name Reservation and Proceed for Incorporation.

5. When we proceed for incorporation part-B get automatically enable. Enter the required detail in the form like in previous form such as Subscriber’s and Director details, address of registered office , Authorized and paid up capital and details of PAN & TAN

6. Documents Required to be Attach for submitting the SPICe+ forms:

  • Declaration by the subscribers and by the directors.
  • Proof of Office address (Conveyance/Lease deed/Rent Agreement along with rent receipts);
  • Copy of Utility Bills for registered office not older than Two months
  • Certificate of incorporation of body corporate (if subscriber is a company)
  • Resolution passed by promoter company; (if subscriber is a company)
  • The interest of the directors in from other entities
  • Nominee’s assent (In One person company)
  • Identity proof and residential address of the subscribers and the nominees (In all cases)
  • Identity proof and residential address of Applicant 1,2 and 3(For DIN application)
  • Declaration in Form ‘INC-14’ and Form ‘INC-15′(For Section 8 Companies)
  • Optional attachment (if any)

7. Documents Required to be Attach with AGILE-PRO:

  • Proof of principal place of business
  • Proof of appointment of Authorized Signatory for GSTIN((Either of the documents– Letter of Authorization/Copy of Resolution passed by BOD/Managing Committee and Acceptance Letter)
  • Proof of identity of Authorized Signatory for the opening of a bank account
  • Proof of address of Authorized Signatory for the opening of a bank account
  • Specimen Signature of Authorized Signatory for EPFO

8. Once the SPICe+ is filled completely and all attachment is uploaded, the same would then have to be converted into pdf format, for affixing DSCs.

9. After Affixing DSC in SPICe+ Part B and all the linked forms(as specified above) as applicable, we can click on upload option and upload SPICe+ Part B along with all the linked forms.

10. On uploading, SRN (Service Request Number) is generated to make payment. And after successful payment SRN status will be displayed as pending for approval.

V. Important points to be kept in mind:

1. Part A and part B can be done simultaneously or we can file part A first for name approval only and after name approved by the department we can proceed for part B for incorporation.

2. Information entered in SPICe can be saved and modified before submission.

3. Companies Incorporated through SPICe compulsorily requires to apply for opening of bank account also.

4. Declaration in INC-9 by the subscriber/Director shall be automatically generated by the system in pdf, and not require to be prepare in physical copy unless number of subscribers and/or directors is greater than 20.

5. DSC is mandatory for all subscriber and Directors .

6. Maximum 3 DIN can be apply in One form SPIC+

I hope this can help you for growing your business.