Process of Incorporation of Company – FAQ’s- Series 557



Process of Incorporation of Company – FAQ’s

 25th February, 2020

A Video Latest Process of Incorporation available on following linkhttps://www.youtube.com/watch?v=4AuRP-EQoDc

MCA has introduced new process of Incorporation of Company i.e. SPICE+. Earlier form RUN and Spice replaced with new form SPICE+. New form SPICE+ available on website of MCA w.e.f. 23.02.2020. 23rd February on wards all the Companies shall be incorporate through SPICE+ only.


QUICK BITES
1.      
If name already approved with RUN form then which form shall be file Spice or Spice+?

Incorporation of companies for names reserved through the existing RUN service shall continue to be filed in the existing SPICe eform along with related linked forms as applicable
2.      
If any spice form is in re-submission then Spice shall be file or SPICE+?

If spice marked under resubmission shall be resubmitted in SPICe e- form.
3.      
Whether stake holder having any option to apply only for name approval without incorporation?

Yes, there is an option (Part A of Spice+) through which stakeholder can submit application in SPICE+ only for name approval and after approval of name can go for incorporation.
4.      
Whether stakeholders have option to apply for ESIC, EPFO. Or it is mandatory for all companies to apply for the same?

As per provisions of SPICE+ it is mandatory for all the new Companies to apply for ESIC and EPFO at the time of incorporation.
5.      
Whether we can also apply for Import Export Code (IEC) through Spice+?

There is no feature to apply for IEC through Spice+ at the time of Incorporation.
6.      
Is Spice + is applicable for Incorporation of all types of companies of some specific type of companies?

23rd February, 2020 all type of Companies shall be incorporate through Spice+.
7.      
Whether INC-9 need to prepare manually or shall be generate online?

If all the Subscribers and Directors having DIN in such case INC-9 shall be generate online and need to sign by using DSC.
8.      
Whether Bank Account can be open with any bank or branch?

Through AGILE PRO there will be some option for bank out of which one have to be select by promoters.
However, Branch shall be given by bank itself as per Registered Office address of Company.
9.      
Is DSC of the entire subscriber mandatory for incorporation of Company?

Through SPICE+ DSC of all the subscribers are required to attaché in e-MOA and e-AOA.
10.       
How many resubmissions will be provided to resubmit spice+?

Two resubmissions are allowed in SPICE+.
11.       
Whether we can apply for more than 2 names?

Maximum 2 names can be applied through SPICE+.
12.   
How many time we can modify spice+

After downloading of SPICE+ PDF only 5 times it can be modify.
13.   
Is professional certification is required or not in spice+

Certification of Director and professional is required.  Certification shall be done after following step
·        Filling of web based form
·        Downloading of PDF form.
14.   
Whether registration for Professional tax required for all Companies?

Registration for professional tax is required only for Companies going to incorporate in Maharashtra.
15.   
Whether GST registration is mandatory for all company in AGILE Pro?

GST Registration is optional only.
16.   
What is maximum size of attachment in Spice+?

Maximum size of attachment in Spice+ is 6MB.

(Author – CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES Company Secretary in Practice from Delhi and can be contacted at csdiveshgoyal@gmail.com).

Disclaimer: The entire contents of this document have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation. Although care has been taken to ensure the accuracy, completeness and reliability of the information provided, I assume no responsibility therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws. The user of the information agrees that the information is not a professional advice and is subject to change without notice. I assume no responsibility for the consequences of use of such information. IN NO EVENT SHALL I SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION


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