All about Spice+ Form for Incorporating a company

Last Updated On: July 6, 2020, 8:25 p.m.
...

SPICE+ FORM FOR INCORPORATING A COMPANY

On 6th February 2020, MCA has introduced a new form which replaces the existing SPICE Form which is known as SPICE+ Form. This Form has come into existence on 15th February. This SPICE+ Form is very helpful and productive.

SPICE+ form is an integrated Web form offering 10 services by 3 Central Government Ministries & Departments.

OBJECTIVE FOR INTRODUCING SPICE+:

It is a single-window system for multiple services at one platform.

To make the procedure simple to incorporate the Company by replacing the existing form  SPICE.

This has been initiated by the government for promoting “ease of Business”.

SPICE INC32 form and SPICE+ form distinguished by services:

SPICE FORM INC 32 SPICE+ FORM

Incorporation of Company

PAN services

TAN services

Name reservation

Incorporation of New

Company  Application for allotment of

DIN  Professional tax registration

for the state of Maharashtra  Bank account opening

TAN & PAN

Registration under ESIC and EPF

PAN

 

SPICE+ Form has been divided into two parts:

PART A- Application for Name Reservation:

  • If the applicant wants to apply for name reservation it can be done through Part-A SPICE+ form. The Name(s) of the company can be reserved in the Part-A of SPICE+ form.
  • Thereafter, the Application number will be generated for name reservation or Incorporation which is yet to be submitted or uploaded by the user, and resubmission for the name will be done.
  • In case the applicant wants to apply for name, incorporation, and other integrated services together, he can do so together by filling necessary information in Part A and Part B.

Note: RUN services shall not be available for name reservations with effect from the 23rd of February, 2020.

After the completion of PART-A, the key points to be noted by the applicant:

  • The applicant has to ensure that the proposed name selected does not contain any word which is prohibited under Section 4(2) & (3) of the Companies Act, 2013 read with Rule 8 of the Companies Incorporation Rules, 2014.
  • The applicant has to read and understand Rule 8 of the Companies (Incorporation) Rules, 2014 in respect of any proposed name before applying for the same.
  • The applicant can apply for 2 names in Part-A of SPICE+ by submitting the fees of Rs.1000.
  • There is no mandatory attachment while applying for Name Reservation.
  • It would be mandatory to attach relevant documents and No Objection Certificates (NOCs) in Part A of SPICe+ only when a name which requires the approval of a Sectoral Regulator or NOC.
  • The only one file is allowed to be uploaded as an attachment and the size of the file should not exceed 6MB in case of Part A SPICe+.
  • In case if the applicant is filing both Part A SPICE+ and Part B SPICE+, the overall limit of form size should not exceed 6MB.
  • In case of multiple attachments for Part A SPICe+, please scan all documents into a single file and upload the same.

PART-B of SPICE+ Form:

Part-B offers the following Services.

  • Incorporation
  • DIN allotment
  • Mandatory issue of PAN
  • Mandatory issue of TAN
  • Mandatory issue of EPFO registration
  • Mandatory issue of ESIC registration
  • Mandatory issue of Profession Tax registration (applicable to specific sates)
  • Mandatory Opening of Bank Account for the Company and
  • Allotment of GSTIN (if so applied for).

Procedure for PART-B OF SPICE+ FORM:

  • Registered or correspondence address of the proposed Company
  • Subscribers and Directors details
  • Details related to the capital structure of the proposed Company
  • Basic details for issuance of PAN and TAN
  • Upload mandatory attachment in a web form which is based on the type of the Company the applicant wants to Incorporate.
  • The applicant has the declaration button and on which applicant need to click
  • Once the pre-scrutiny is successfully done then the applicant need to click on the submit button
  • Once the web form is submitted successfully, the applicant will get a confirmation message.
  • After click on the submit button, the system will automatically generate the PDF file
  • The applicant can download whatever the information that the applicant has entered in the web form. Thereafter that PDF which is downloaded by the applicant, will enable him/her to view that PDF in the Dashboard. So the applicant needs to click on the application number thereby he will be able to view the section for download.
  • The applicant then can download SPICE+ in the dashboard for affixing the DSC’s and also all the linked form gets enabled and available for the applicant to fill and submit.
  • The linked form gets enable for filing only once you entered the relevant information in Part-B of SPICE+.
  • If the type of Company that is going to be incorporated is Part-1 company only in such case the link form URC-1 will get enable not for every type of Company.

Other Updates and Changes:

  1.  The rules states that the name application for the newly incorporated company shall be done through the SPICE+ form and the RUN facility will be provided for change of Name only with effect from 15th of February, 2020.
  2. The Agile form is replaced with Agile Pro through which the company can apply for EPFO, ESIC, GSTIN (if required), Professional Tax registration (for specified states) and to open a bank account.

Form Agile Pro:

The form Agile Pro is mandatory in all cases.  E-MOA, E-AOA, URC-1, and INC-9 all these forms are depending upon certain conditions. Agile pro is enabled only once when Part-B of SPICE+ is filled.

Filing of E-MOA and E-AOA:

E-MOA is a charter of the Company that can be filed as a linked form to SPICE+.

1. In the current PDF form for E-MOA and E-AOA, there is no major change in the layout of these forms. However instead of SRN of “RUN” which was mandatory to mention in the E-MOA and E-AOA but now it is optional filed in SPICE+ E-MOA and E-AOA if the name is already reserved in Part-A of SPICE+.

2. The name of the Company will get pre-filled in the E-MOA and E-AOA by using the same application number and all the other information related to E-MOA and E-AOA will remain the same.

3. Once all the information has been entered and on the click button, again a PDF will get auto-generated by the system. The applicant needs to save the PDF and affix the DSC on such forms then only the applicant can submit the forms.

Form URC-1 (PART-1 use to convert the existing entity into Company):

In case of Part-1 Companies, it is mandatory to file the URC-1 form containing details of existing Company.

SPICE+ Upload

1. After affixing DSC’s in SPICE+ Part-B PDF and other linked forms, the applicant needs to click on upload form option

2. Upload SPICE+ Part-B and all the relevant linked form

3. On successful upload of forms, a unique service request number gets generated and displayed to the applicant.

ABOUT LEGAL SUVIDHA

Copyright © 2019 - All Right Reserved