Procedure for incorporation of Company under Spice+

In this article we will look the procedure of incorporation of Companies and LLPs through spice+, Significant Features of SPICe+, SPICe+ obtaining registration under GST, ESIC, EPFO, opening Bank account etc. Forms Linked To SPICe+ and  Steps To Upload SPICe+.

Features

1. SPICe+ is an integrated Web Form.

2. SPICe+ consists of two parts:

a) Part A: Name Reservation for New Companies only

b) Part B: Offering combo of services which are as follows:

I. Incorporation

II. DIN allotment (Mandatory)

III.  Issue of PAN (Mandatory)

IV. Issue of TAN (Mandatory)

V. Issue of EPFO registration (Mandatory)

VI. Issue of ESIC registration (Mandatory)

VII. Issue of Profession Tax registration (Mandatory for state of Maharashtra)

VIII. Opening of Bank Account for the Company (Mandatory) &

IX. Allotment of GSTIN (if applied for)

3. We also have the option to apply for Part A and Part B together at one go or first apply for Part A, for Name Approval thereafter Part B, for Incorporation and other services.

4. If only SPICe+ Part A Submitted for Name Approval, the fees and resubmission is same as earlier.

5. Approved Name and related incorporation details as submitted in Part A, would be automatically pre-filled in all the linked forms such as AGILE-PRO, SPICe+ MOA, SPICe+ AOA, URC-1, INC-9 (as per applicability).

6. 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,

but it will not generate automatically where:

Total number of subscribers and/or directors are greater than 20 and/or any such subscribers and/or directors has neither DIN nor PAN.

7. All Check form and Pre-scrutiny validations (except DSC validation) will be on web form itself.

8. For ease of filing SPICe+, information once entered can be saved and modified before submission.

9. Once the SPICe+ is filled completely with all relevant details, the same would then have to be converted into pdf format, for affixing DSCs.

Means prepare draft online and then convert it into PDF

10. Changes/modifications to SPICe+ (even after generating pdf and affixing DSCs), can still  be done by editing the same web form application which has been saved, only five attempts will be given for correction,  after that whole process to be restarted.

11. DSC validation and other validations will be done at the time of uploading the form with all other linked forms.

12. Registration for EPFO, ESIC and Professional Tax (For state of Maharashtra) is mandatory for all new companies incorporated through SPICe+ w.e.f. 23rd February, 2020.

13. Now Reserve Unique Name of RUN is significant only if a company wishes to replace its existing name with the new one.

Before reading the procedure, have a look at the documents required for incorporation of a Company

Documents Required for Company Registration for online company registration in India

• PAN Card of directors
• Passport size photograph of directors
• Aadhaar Card/ Voter identity card of directors
• Copy of Rent agreement (If rented property is going to be registered office)
• Landlord NOC
• Electricity/ Water bill (of regd.  office)
• Copy of Property papers(If owned property)

Procedure in detail

1. Login to MCA Portal at mca.gov.in, Click on MCA Services, under Company Services click on SPICE+.

2. Click on New Application in case of Fresh application.

3. On Clicking, Existing Application, user can view Application Number along with Proposed/approved Name.

4. On Clicking New Application, 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 along with description of main division and Particulars of the proposed or approved name.

5. Click on Auto-check button to enable the first level automatic scrutiny of the Proposed Name as per name rules.

That an application for reservation of name shall be made through RUN, which may be either approved or reject, as the case may be, by CRC. Now two names can be selected.

6. On Successful Completion of Part A, User can click on submit for Name Reservation or Proceed for Incorporation or Cancel option.

7. If opted for Proceed for Incorporation, Part B gets enabled containing various sections with ‘Save and Continue’ button. Each Section contains separate Check Form validation.

8. Enter the basis details related to the Proposed Company Incorporation such as:

• Company’s Registered or Correspondence Address
• Details of Subscribers and Directors
• Capital Structure of the Company
• Information for Application of PAN and TAN.

9. Upload all the mandatory and optional attachments in the web form.

10. Click on Check boxes to confirm all the declarations and click on pre-scrutiny button.

11. Once pre-scrutiny gets successful, click on Submit button.

12. On Successful submission user will get the Confirmation message.

13. User can now download the pdf of SPICe+ Part B for affixing the DSC, also all the linked form as per the information filled in SPICe+ Part B gets enabled and available for the user to fill and submit.

14. Allotment of Director Identification Number of max 3 directors can be availed in spice+ itself. No requirement of applying DIN No before registration.

15. New companies incorporated through SPICe+ and thereby have obtained EPFO/ESI numbers will have to file statutory returns only when they cross thresholds prescribed under the relevant Acts.

16. The maximum size for uploading SPICe+ forms is 6 MB for each of the PDF form

FAQ section

1. Can Person Resident Outside India/ NRI/ Foreigner Become A Director In Private Limited Company?

Yes, there is no restriction on person resident outside India/ NRI or Foreign National for becoming a Director in a  Private Limited Company but at least one Director in the Board must be an Indian Resident.

2. How many name can be applied:

Ans: Two names can be proposed in case application is being made ONLY for name reservation i.e. if SPICe+ Part A is submitted individually.

In case complete SPICe+ is being submitted for name reservation as well as incorporation, only one name can be proposed.

Some points to take care while incorporating any company link