Process of Incorporation of Company – FAQ’s- Series 557
Process of Incorporation of
Company – FAQ’s
25th
February, 2020
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.
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QUICK BITES
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1.
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If name already approved with RUN
form then which form shall be file Spice or Spice+?
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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
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2.
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If any spice form is in
re-submission then Spice shall be file or SPICE+?
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If spice marked under
resubmission shall be resubmitted in SPICe e- form.
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3.
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Whether stake holder having any
option to apply only for name approval without incorporation?
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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.
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4.
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Whether stakeholders have option
to apply for ESIC, EPFO. Or it is mandatory for all companies to apply for
the same?
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As per provisions of SPICE+ it is
mandatory for all the new Companies to apply for ESIC and EPFO at the time of
incorporation.
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5.
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Whether we can also apply for
Import Export Code (IEC) through Spice+?
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There is no feature to apply for IEC through Spice+ at the
time of Incorporation.
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6.
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Is Spice + is applicable for Incorporation
of all types of companies of some specific type of companies?
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23rd February, 2020 all type of Companies shall
be incorporate through Spice+.
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7.
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Whether INC-9 need to prepare
manually or shall be generate online?
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If all the Subscribers and Directors having DIN in such
case INC-9 shall be generate online and need to sign by using DSC.
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8.
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Whether Bank Account can be open
with any bank or branch?
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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.
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9.
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Is DSC of the entire subscriber
mandatory for incorporation of Company?
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Through SPICE+ DSC of all the subscribers are required to
attaché in e-MOA and e-AOA.
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10.
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How many resubmissions will be
provided to resubmit spice+?
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Two resubmissions are allowed in SPICE+.
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11.
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Whether we can apply for more than
2 names?
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Maximum 2 names can be applied through SPICE+.
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12.
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How many time we can modify spice+
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After downloading of SPICE+ PDF only 5 times it can be modify.
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13.
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Is professional
certification is required or not in spice+
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Certification of Director and professional is required. Certification shall be done after following
step
·
Filling of web based form
·
Downloading of PDF form.
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14.
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Whether registration for Professional tax required for
all Companies?
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Registration for professional tax is required only for
Companies going to incorporate in Maharashtra.
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15.
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Whether GST registration is mandatory for all company in
AGILE Pro?
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GST Registration is optional only.
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16.
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What is maximum size of attachment in Spice+?
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Maximum size of attachment in Spice+ is 6MB.
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(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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