Spice+ Form For Incorporation Of A Private Limited Company

SPICe+ form stands for Simplified Proforma for Incorporating Company electronically Plus. SPICe+ offers 10 services by three Central Government Ministries and Departments (Ministry of Corporate Affairs, Ministry of Labour and the Department of Revenue in the Ministry of Finance) and one State Government (Maharashtra). SPICe+ form is an integrated web form with a single-window for multiple services.

With the view of ease of doing business, new form SPICe+ is used for the incorporation of a company and incidental registrations. The form SPICe+ replaces the existing SPICe form. All the new company incorporation needs to be done by the online filing of SPICe+ form. The other forms that need to be filed along with SPICe+ are AGILE-PRO, SPICe+AoA and SPICe+MoA.

Key features of Spice+ Form:

• SPICe+ is an integrated Web Form.

• SPICe+ has two parts, Part A-for Name reservation for new companies and  Part B-offering a bouquet of services viz. (i) Incorporation (ii) DIN allotment (iii) Mandatory issue of PAN(iv) Mandatory issue of TAN (v) Mandatory issue of EPFO registration (vi) Mandatory issue of ESIC registration (vii) Mandatory issue of Profession Tax registration(Maharashtra) (viii) Mandatory Opening of Bank Account for the Company and (ix) Allotment of GSTIN.

• Appliers either choose to submit Part-A for reserving a name first and thereafter submit Part B for incorporation & other services or file Part A and B together at one go for incorporating a new company and availing the bouquet of services as above.

• Incorporation applications after name approval and be submitted as a seamless process in continuation of Part A of SPICe+.

• Re-submission of applications for company name reservation and incorporation shall also be handled through the application number/Name applied for link on the new dashboard. A hyperlink will be available whenever required, for the SRN/application number, so as to enable easy re-submission

• From 15th February 2020, RUN service would be applicable only for ‘change of name’ of an already existing company.

• The new web form would help on-screen filing and real time data validation for seamless incorporation of companies.

• The approved name and incorporation details as submitted in Part A, would be automatically Pre-filled in all linked forms also viz., AGILE-PRO, eMoA, eAoA, URC1, INC-9 (as applicable).

• For ensuring ease while filing, SPICe+ will be structured into various sections.

• Information once entered can be saved and modified.

• All Check form and pre-examination validations (except DSC validation) will happen on web-form itself.

• Once the SPICe+ is completed with all relevant details, the same would then have to be converted into a PDF format, with just a click of the mouse button, for affixing DSCs.

• All digitally signed applications can then be uploaded along with the linked forms as per the existing process.

• Changes/modifications to SPICe+ (even after generating pdf and affixing DSCs), can also be done by editing the same web form application which has been saved, generating the updated pdf affixing DSCs and uploading the same.

• DSC validation and other validations will happen at Upload Level.

• Registration for EPFO and ESIC is mandatory for all new companies incorporated w.e.f 15 February 2020 and no EPFO & ESIC registration nos. Will be separately issued by the respective agencies.

• Registration for Profession Tax shall also be mandatory for all new companies incorporated in the State of Maharashtra w.e.f 15th February 2020.

• All new companies incorporated through SPICe+ (w.e.f 15th February 2020) will also be required to apply for opening the company’s Bank account through the AGILE-PRO linked web form.

• Declaration by all Subscribers and first Directors in INC-9 shall be auto-generated in PDF format and would have to be submitted only in Electronic form in all cases, except where:

(i) Total number of subscribers and/or directors is greater than 20 and/or

(ii) Any such subscribers and/or directors have neither DIN nor PAN.

Services offered by SPICe+ Form :

The new integrated web form offers the following services:

– Part A –: Name Reservation (For new companies only);

– Part B:

• Company Incorporation

• Application for DIN

• PAN Application

• TAN Application

• GSTIN Application

• EPFO Registration

• ESIC Registration

• Opening of Bank Account for the Company

• Profession Tax Registration (only for Maharashtra)

Attachments Required For SPICe+ Form :

• Memorandum of Association

• Articles of Association

• Declaration by the first director(s) and subscriber(s) (Affidavit not required)

• Proof of office address

• Copy of utility bills

• Copy of certificate of incorporation of foreign body corporate (if any)

• A resolution passed by promoter company

• The interest of first director(s) in other entities

• Consent of Nominee (INC–3)

• Proof of identity as well as the residential address of subscribers

• Proof of identity as well as residential address of the nominee

• Proof of identity and address of Applicant I, II, III

• Resolution of unregistered companies in case of Chapter XXI (Part 1) Companies

• Declaration in Form No. INC – 14

• Declaration in Form No. INC – 15

• Optional attachments (if any)

• Attachments – Part A

Agile-Pro

Section 38A of Companies (Incorporation) Rules, AGILE-PRO is mandatory to be filed for application of registration of Goods and Services (GSTIN), Employee State Insurance Corporation (ESIC) registration, Employees Provident Fund Organization (EPFO), Profession Tax Registration and Opening of Bank Account. It is mandatory to fill the AGILE-Pro form along with SPICe+ Form for the incorporation of a new company. Following are the documents required for AGILE-PRO:

• Proof of principal place of business

• Proof of appointment of Authorised Signatory for GSTIN (Either of the documents– Letter of Authorisation/Copy of Resolution passed by BOD/ Managing Committee and Acceptance Letter)

• Proof of identity of Authorised Signatory for the opening of a bank account

• Proof of address of Authorised Signatory for the opening of a bank account

• Specimen Signature of Authorised Signatory for EPFO

RUN Web Service:

RUN stands for Reserve Unique Name. This web service is used to reserve the name of a new company or for the change in the name of an existing company. The type of entity and the proposed names for the company are to be entered in case of reserving the name for a new company. For an existing company, the CIN/LLPIN is the additional information to be entered in for the change of name. Now, since the introduction of the SPICE+ and AGILE – PRO forms, the RUN web service will thereafter be available only for the change of name of existing companies.

Procedure of Incorporation of Private limited Company through SPICe+ :

• Login to MCA portal and go to MCA services, then click on SPICe+.

• New Application: Click on ‘new application’. However, if you have already filed Part A you can choose existing application.
  Fill Part A of the SPICe+. Furthermore, complete all the following details:

reservation of name of the proposed company including:-
type of company
class of company
category of company
sub-category of company
main division of industrial activity of company

Particulars of proposed or approved name

• Automatic scrutiny of name: Click on ‘Auto-check’ button for automatic scrutiny of proposed name. Click on ‘Save’ button.

• Submit Application: Submit your application for Part A by clicking on ‘Submit’ button.

• Name approval letter: MCA will provide you the Name approval letter. Furthermore, MCA will provide the user 20 days time period for filling other forms and uploading on MCA site.

• SPICe+ Part B: Now proceed for Part B of SPICe +.

• Enter required details in SPICe+ Part B: Fill the basic details regarding the company to be incorporated which shall include: –
  Capital structure of the proposed company
  Address of the proposed company
  Contact details of the proposed company (email address and contact number of company)

• Subscribers and directors’ details: Now enter the given details for subscriber and subscribers, number of first subscribers of MoA and directors of company (having DIN or not having DIN), particulars of first subscribers and directors of company, number and amount of shares subscribed, interest in other entity (if any)

• Stamp duty: Click on pre-fill button. As a result, amount of stamp duty will get pre-filled according to the respective State of ROC.

• Issuance of PAN & TAN: Furthermore, enter the details required for issuance of PAN and TAN. You need to enter the area code for PAN and TAN of the company.

• Fill in the required details: Fill your sources of income. Then enter the Business/Profession code. Upload the mandatory attachments in the e-form. In optional Attachments you can attach Form INC-9 and DIR-2 for each partner.

• Submit the declarations: Finally, submit the relevant declarations and click on pre-scrutiny.

• Submit the form: Once the pre-scrutiny is successful submit the SPICe+. Fill the other linked mandatory forms :-
  AGILE Pro
  eMOA (Charter of the company)
  eAOA(Rules and regulations)
  INC-9

• Download the form: After filling all the linked forms to SPICe+, download the Spice forms. Get the forms signed by director and professional who certifies the forms.

• Upload forms and make payment: Further upload all the linked forms in proper sequence. If the upload is successful, SRN will get generated. However, in case of failure it will show error. If not, then make the payment. Once the payment is successful, receipt will be generated.