Introduction to SPICe plus Form
The Government of India through its Ministry of Corporate Affairs, introduced the integrated web form that is SPICe Form ( stands for Simplified Proforma for Incorporating Company Electronically) to form/incorporate a company in India with an aim promote ease of doing business. It has very much simplified the Companies Incorporation process in terms of cost, time and procedure.
The
MCA further improved and simplified the process of Company incorporation by
introducing an advanced version of SPICe form that is SPICe plus Forms in the
year 2020. It is considered as one of the major initiatives of government
towards the ease of doing business.
As
discussed, it is an integrated web form available on the MCA portal. It offers
following 10 business related services in one form only.
1. Company
Name Reservation
2. Director
Identification Numbers for directors
3. Company
Incorporation
4. Pan:
Permanent Account Number
5. TAN:
Tax Deduction/Collection Account Number
6. GSTIN:
Goods & Services Tax Identification Number
7. ESIC
Registration
8. EPF
Registration
9. PTRC:
Profession Tax Registration Certificate (Maharashtra/ Karnataka)
10. Opening of Bank Account in
company’s name
Steps-wise Online Process of Private Limited Company Incorporation
STEP1: Obtain DSC of all
proposed directors
The first step of incorporation of Private Limited Company is to acquire
a Digital Signature Certificate for all the proposed directors and subscribers of
the company.
Since the SPICe+ Form is a web forms thus they are required to be electronically signed through DSCs. As the name suggests, Digital Signature Certificate is a secured and authentic way to sign the SPICe forms electronically.
STEP2 : Login to MCA Portal
Thereafter, all the steps are undertaken on the MCA portal only.
·
Firstly, open the MCA portal
through Link https://www.mca.gov.in/.
· Next, click on the login
option listed on the MCA Portal. Then, if the user is already registered on the
portal then he shall enter the login credentials and thus, login to portal.
Whereas, if the user is the first time user then he shall sign-up on the MCA
Portal by clicking on the Register option. Fill all the required details and
remember your login credentials for next time, one can also note down the MCA
portal login credentials for future.
· Registration or login on the
MCA is a mandatory step to avail the paid services offered by them.
Incorporation of Company through SPCe + form is a paid service, thus, it
requires registration or login to the portal as the case may be.
Thereafter, go to the MCA Services and select SPICe + option available under the Company Services. It will redirect the user to the application page whereby the user will see two options that are- New Application and Existing Applications. Click on the New Application to form a new private limited company.
The SPICe+ Form is divided into two parts that are PART A and PART B. Part A is specifically a Name Reservation Form while Part B is an Incorporation form and has 4 linked forms. Both the parts can be filled and submitted at the same time and the entire Form filling process of company incorporation can be completed at once.
On the contrary, the user can submit both the forms one after another. It means that the user will firstly fill and submit the PartA form along with the requisite fee attached to it. Then the name reservation shall be under consideration before the MCA Authorities. When the Part A fulfills all the criteria of company name then the MCA will grant or reserve the name for 20 days in which the next Part B form is required to be submitted for obtaining Incorporation Certificate.
·
Section 8 Company
·
Producer Company
·
Nidhi Company
·
New Company
·
Conversion of Firm to Company
·
Conversion of LLP to Company
In case of New Private limited company, the user is required to select New Company option.
2. Class of Company– It is also a drop-down option whereby three options will be shown that are Public Company or Private Company or One-Person Company. Select the option accordingly.
3. Category of Company– select the category of company whether it is a company limited by shares or company limited by guarantee or an unlimited company.
4. Sub-Category of Company– Select the sub-category of company whether it is a
·
Union Government Company or
·
State Government Company or
·
Non-Government Company or
·
Subsidiary of Company
incorporated outside India or
·
Guarantee and association
company
5. Main Division of Industrial Activity of the Company- It depends upon the main object of the Company. For example if a company will undertake agriculture business then it will be 01. List of main division can easily be searched on Google.
6. Summary of Object- Thereafter, the user is required to write the summary of the objects to be pursued by the company after incorporation. It is written in a box and limited content can be given here. One can attach a pdf of complete main object through the attachment symbol given below.
7. Company Names – Lastly the person is required to give name of the proposed company. 2 names can be proposed at once in a preferential order.
Next, click on auto-correct option once the mandatory details are filled. It basically does the preliminary research that whether there is any prima-facie mistakes in the form or/and that the proposed name is available or not.
If yes, then click on the save button to save the form for future or submit
the form and pay the required fee of Rs. 1,000/-. User can also make the
payment later. Form will be submitted on the successful fee payment.
A popup of confirmation alert will appear asking to either submit the
form only for name reservation or to proceed for incorporation. User can opt
accordingly.
STEP4: Fill SPICe + PART B for Company Incorporation
Let’s suppose user has opted to proceed for incorporation then the user
has to fill the Spice+ Part B form.
1.
The first and foremost detail requires
to be filled is to select whether the Articles of Association (AOA) is
entrenched or not.
2.
Subsequently, choose whether
the company is having share capital or not as per the nature and type of the
company. If the company is having share capital then enter the details of
capital structure of the company, that are total authorized share capital and
subscribed capital.
Check all the details filled on the first page then click on save and continue button.
3.
Enter the correspondence
address, Phone Number with STD code and Email Id of the company. You can also
provide Fax detail as it is optional.
·
Next, when the correspondence
address of the company is also the registered address of the company then click
on yes against it.
· Then, user has to choose the name of the office of Registrar of Companies from the drop-down option, although it will automatically be shown as per the company address.
Again, the user has to check the details and then click on save and
continue button to proceed on the next page of the form.
4. Enter how many directors and/or Subscribers having or not having valid Directors Identification Number (DIN). Again, save and continue to next page.
5. Thereafter, provide the details of the Subscribers and directors mentioned in the following picture.
6.
In the next page, details of
stamp duty are required to be filled. You just have to click on the pre-fill
button then it will fill the details by own.
However, you should write 0 in
the total amount of stamp duty paid option as no stamp duty has been paid yet. Save
and continue to next page.
7.
Provide the PAN/TAN
information in the next page that is area code, AO type, Range code and AO No.
respectively. Then select the source of information and enter the
Business/Profession code according to the business nature. Click on save and
continue button to proceed further.
8.
Now, attach the following
mandatory documents accordingly.
|
Copy of utility bills (not
older than 2 months) |
Utility Bill (Electricity/
Water/ Telephone Bill) + Rent Agreement (Notarized) +
NOC from Landlord |
|
Proof of identity &
residential address of subscribers |
Identity Proof –
one can provide any of these documents as ID Proof that are Voter ID /
Passport / Driving License + Address Proof – one
can provide any of these documents as address Proof that are Bank Statement/
Electricity Bill/ Telephone Bill/ Water Bill |
|
Proof of identity and address of
Applicant I |
Identity Proof –
Voter ID / Passport / Driving License + Address Proof – Bank
Statement/ Electricity Bill/ Telephone Bill/ Water Bill |
|
Proof of identity and address of Applicant
II |
Identity Proof –
Voter ID / Passport / Driving License + Address Proof – Bank
Statement/ Electricity Bill/ Telephone Bill/ Water Bill |
|
Optional attachment |
[Passport Size Photograph + PAN card + Aadhaar Card ] of both
Applicant 1 and Applicant 2
|
Subsequently, click on save and continue and select the verification box accordingly. Enter the details of CA/CS/ Cost Accountant/ Advocate in practice in the declaration box only.
STEP5: Fill other forms linked
with SPICe + PART B
As the SPICe + part B is submitted, other linked forms that are AGILE
Pro, MOA, AOA and INC 9 will be shown in the Application then these forms can
also be filled.
·
AGILE Pro form is an online application
form linked with SPICe + forms for obtaining GSTIN, ESIC registration, EPFO
Registration, Profession tax registration and opening of bank account while
applying for Company Incorporation.
However, it is optional to apply for GSTIN therein so when GSTIN is not
applied therein then only three documents are required as attachments that are
Identity proof, Address proof and signature on the blank page of the authorized
signatory. These documents must be same as are attached in Part B form.
·
After this, Fill in the SPICe
MOA and SPICe AOA Forms according to the nature and object of the company.
· INC-9 is a consent form that the proposed directors are qualified to become directors of the company under the Companies Act, 2013. It is a prefilled form, no details are required to be filled therein.
STEP6: Download and upload the
digitally signed forms
Once all the SPICe + forms are correctly filled and submitted, download all the forms by clicking on the download symbol. Thereafter, all the forms shall be digitally signed by the required directors, subscribers and professionals.
The key point to note here is that the size of each form in pdf shall
not exceed 6 MB. On verifying this
note, the last step is to upload the digitally signed forms on the portal. For
uploading, login on the portal, click on the workspace then on upload e-form
option given on the right corner. Click on the normal forms, as the SPICe form
has 4 linked forms so select the linked forms and then click on upload linked
forms for 4 times. Thereafter, browse the forms and submit in the following
order –
1. SPICe + Part B 2. SPICe MoA 3. SPICe AoA 4. AGILE Pro 5. INC-9.
Thus, a SRN that is Service Request No. will be generated as the forms
are successfully uploaded on the portal. Then make the payment, a consolidated
challan will be generated for form, MoA, AoA, PAN and Tan and a separate
challan for stamp duty will also be generated. User can check the status of
company incorporation through SRN in the MCA Services.
Usually, MCA takes 5-7 days to
check the forms and to approve the forms, when the forms are approved user will
receive Incorporation Certificate, PAN and TAN in the mail only.
Conclusion
The MCA has substantially and significantly changed and simplified the
process of Private Limited Company Incorporation. Nevertheless, there are many
technical points which need to be kept in mind while filling and uploading Incorporation
forms.
If you are looking for a professionals’ help for incorporating a company
then team of Manthan Experts is the right choice.
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