Spice Plus Incorporation

The Ministry of Corporate Affairs (MCA) has taken the initiative to launch a new web integrated SPICe+ forms. The SPICe+ abbreviated of "Simplified Proforma for Incorporating Company electronically Plus". The MCA has decided to introduce the form as a part of the Ease of Doing Business (EoDB). The new SPICe+ will be effective from 15th February. This will be applicable to the incorporation of the new companies. The new form will replace the already existing SPICe forms.

Applicability of SPICe+

The SPICe+ forms would offer about 10 services. The central government Ministries and Departments would tend to the services of the SPICe+ forms. The Ministry of Corporate Affairs, Ministry of Labour, Department of Revenue in the Ministry of Finance and the State Government of Maharashtra would offer the services. The introduction of this form would reduce the time procedure and cost in starting up a new business.

SPICe Vs SPICe+

The new SPICe+ forms are very similar to that of the already existing

SPICe forms. The SPICe+ forms provide some extra facilities apart from that of the SPICe. The SPICe renders services like name approval, 1, allotment of DIN (Director Identification Number) and the registration of the company's PAN (Permanent Account Number), TAN (Tax Deduction and Collection Account Number) and ESIC (Employees' State Insurance Corporation). In addition to that, there are provisions like registration for EPFO (Employees' Provident Fund Organisation) and Profession tax, opening a bank account for the company and allotment of GSTIN. This helps in incorporating a new company within a minimum number of days.

Procedure for Filing SPICe+

The services of the SPICe+ is of 2 parts. Part A is of the name reservation, and part B is of the rest of the services. The applicant can apply for the name reservation first and then for the other services or he or she can apply for part A and part B services simultaneously. After the name reservation, the application for incorporation of a company is a continuous process.

Provided Facilities

The RUN (Reserve Unique Name) service will be provided for changing the name of the existing company. The Registrar of the Central Registration Centre can approve or reject the application. The resubmission of the webforms must be done within 15 days of rectifying the mistakes
The details of the incorporation and the approved name will be redirected automatically while filling the forms AGILE-PRO, eAoA, eMoA, INC-9, URC-1
The applicant can save and modify the entered information on the application
Except for the validation of DSC (Digital Signature Certificate), all the check forms and pre-scrutiny validations will take place
After the completion of the form, the applicant should convert the form into PDF format to affix DSC. The applicant can modify the application even after affixing DSC and upload it again
The DSC and other validation will take place at the level of uploading
It provides the facility of registering for the EPFO and ESIC as no agency would facilitate such registration after the 15th February 2020
New companies in Maharashtra must register for the professional tax
Every company registered under the SPICe+ must open a bank account. This facility is available through the AGILE-PRO link in the webform

Required Details

The SPICe+ form requires the following details:

Type, class, category and sub-category of the Company
Structure of the company (Articles of Association, details of the authorized and subscribed share capital and details of the number of members)
Address of the Company
Details of the subscribers and directors
Particulars of the One Person Company (OPC) nomination (Nomination, details of the nominee)
Details of payment of stamp duty
Information on PAN or TAN

Attachments Required

The following are the attachments necessary for submitting the SPICe+ forms:

The Articles of Association
Memorandum of Association
A declaration by the first subscribers and by the directors (It does not require an affidavit)
A proof for the address of the office (It can be conveyance, lease deed or rent agreement)
Utility Bills copy (The bill should be within 2 months)
A copy of the certificate of incorporation of the foreign body corporate
The resolution passed by the foreign company
A resolution passed by the promoter company
The interest of the first directors in other entities
Nominee's consent
Identity proof and residential address of the subscribers and the nominees
Identity proof and residential address of Applicant I, II and III
The resolution of the unregistered companies
Declaration in Form INC-14 and Form INC-15

Declaration

The declaration in form INC-9 of the subscribers and the directors must be auto-generated in PDF format and submitted electronically. The applicant has to provide the declaration along with a certification by a professional like a Chartered Accountant (CA), Cost Accountant or Company Secretary. Such provision is exempted only for two cases. The first case is when the total number of directors or subscribers is more than 20. The other case is when any of the directors or the subscribers do not possess either DIN or

PAN. The notification of the SPICe+ Incorporation is below for reference:

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Frequently Asked Questions

Common questions about SPICe+ Incorporation Services India.

SPICe+ is a new web-integrated form launched by the Ministry of Corporate Affairs (MCA) for incorporating companies electronically. It offers additional services compared to the existing SPICe form, such as registration for EPFO, professional tax, opening a bank account, and obtaining GSTIN, thereby streamlining the process of starting a new business.

The SPICe+ form offers around 10 services from various central government ministries and departments, including the Ministry of Corporate Affairs, Ministry of Labour, Department of Revenue, and the State Government of Maharashtra. These services cover name approval, company incorporation, allotment of DIN, PAN, TAN, ESIC registration, EPFO registration, professional tax registration, opening a bank account, and GSTIN allotment.

The SPICe+ form aims to reduce the time, procedure, and cost involved in starting a new business. By integrating multiple services into a single form, it eliminates the need for separate applications and approvals, thereby simplifying and expediting the incorporation process for new companies.

The SPICe+ form filing process is divided into two parts: Part A for name reservation and Part B for the remaining services. Applicants can either apply for name reservation first and then proceed with Part B, or they can apply for both parts simultaneously. After name approval, the incorporation process is a continuous flow.

The SPICe+ form requires details such as company type, structure, address, subscriber and director information, OPC nomination particulars, PAN/TAN details, and stamp duty payment information. Attachments like Articles of Association, Memorandum of Association, identity proofs, address proofs, and various declarations are also required.

The SPICe+ form includes a facility to open a bank account for the newly incorporated company. This is done through the AGILE-PRO link in the webform, eliminating the need for a separate process to open a bank account after incorporation.

The introduction of the SPICe+ form is part of the Ministry of Corporate Affairs' initiative to improve the Ease of Doing Business in India. By integrating multiple services into a single form and streamlining the incorporation process, the SPICe+ form aims to reduce the time, cost, and procedural complexities involved in starting a new business.

The SPICe+ form is primarily designed for the incorporation of new companies. However, it does provide the RUN (Reserve Unique Name) service, which allows existing companies to change their names through the SPICe+ platform.

While most validations and pre-scrutiny checks are performed automatically in the SPICe+ form filing process, the applicant is required to convert the form into a PDF format and affix their Digital Signature Certificate (DSC) before final submission. The DSC validation takes place at the upload level.

The SPICe+ form requires a declaration in Form INC-9 by the subscribers and directors, certified by a professional like a Chartered Accountant, Cost Accountant, or Company Secretary. However, this requirement is exempted in two cases: (1) if the total number of directors or subscribers exceeds 20, and (2) if any of the directors or subscribers do not possess a DIN or PAN.