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May 15, 2020

Online Step wise process to form a Company in India using SPICE Plus Forms from April 2020

by Mahesh Mara in Compliance Law

Online Step wise process to form a Company in India using SPICE Plus Forms from April 2020

SPICe plus form is also known as Simplified Proforma for Incorporating Company Electronically it is an integrated web form which offers 10 services by 3 central government ministries and department i.e. Ministry of Corporate Affairs, Ministry of Labour & Department of Revenue in the Ministry of Finance and One State Government (Maharashtra), thereby saving as many procedures, time and cost for Starting a Business in India. SPICE + form is part of government initiatives towards Ease of Doing Business.

It was Launched by the Ministry of Corporate affairs for companies incorporating after 23rd February 2020. It is a single point application for the following:

  1. Reservation of company name
  2. Allotment of DIN for Directors
  3. Incorporation of a New Company, and
  4. Allotment of PAN no
  5. Allotment of TAN no
  6. Registration for GSTIN
  7. Registration for Employee State Insurance Scheme (ESIC)
  8. Profession Tax Registration Certificate (PTRC)
  9. Employee Provident Fund (EPF) Registration, and
  10. Bank account opening

The following types of companies can be incorporated using the SPICe form:

  1. Section 8 company
  2. Producer company
  3. Nidhi Company
  4. New Company
  5. Conversion of Firm to Company
  6. Conversion of LLP to Company

Procedure to form a Company in India using SPICe plus Forms:

The below is the procedure to form a Company:

Step 1: Acquiring Digital Signature of Director.

The 1st step of formation of company is that the Director must obtain or register for digital signature certificate. As per the Information technology act, 2000 in order to submit and authenticate e form electronically digital signature certificate must be used for signing such documents. Signing through DSC is the only secure and authentic way that a document can be submitted electronically. All filings done by the LLP(s) are required to be filed using Digital Signatures by the person authorized to sign the documents.

  1. First login to MCA portal by enter your MCA login credentials and login to portal
  2. Now, go to “MCA services” and Select “SPICe+” option under Company services. It will redirect you to SPICe + application page.

Step 2: Registering on MCA portal:

In order to file e form or to avail any paid service relating companies on MCA portal you are first required to register yourself as a user under the relevant user category, such as registered and business user on the MCA portal.

  1. To register now click Register tab on Home page of MCA and create your account.
  2. Once the account is created, Login to MCA website using the Login Id and Password from the home page.

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Step 3: Preparing and Uploading SPICe plus Form

The application form will be in two parts i.e. Part A and Part B

  1. Click on New application and start entering the following details in Part A:
  2. Select the type of company from the drop down i.e. whether:
    • Section 8 company
    • Producer company
    • Nidhi Company
    • New Company
    • Conversion of Firm to Company
    • Conversion of LLP to Company
  3. Select the class of company i.e. whether public or private or one-person company
  4. Select the category of company i.e. whether company limited by shares or guarantee or unlimited company
  5. Select the sub category of company i.e. whether
    • State government company
    • Union government company
    • Non- government company
    • Subsidiary of company incorporated outside India
    • Guarantee and association company
  6. Provide the Main division of industrial activity of the company from the below table:
CategoriesBusiness DescriptionActivity Code
Agriculture and Allied ActivitiesAgriculture, Hunting and related Service activities01
Forestry, logging and related Service activities02
Fishing, Operation of fish hatcheries and fish farms; Service activities incidental to fishing05
Mining & QuarryingMining of coal and lignite, extraction of peat10
Extraction of crude petroleum and natural gas, service activities incidental to oil and gas extraction excluding surveying11
Mining of uranium and thorium ores12
Mining of metal ores13
Other Mining and Quarrying14
Manufacturing (Food stuffs)Manufacture of food products and beverages15
Manufacture of tobacco products16
Manufacturing (Textiles)Manufacture of textiles17
Manufacture of wearing apparel, dressing and dyeing of fur18
Manufacturing (Leather & products thereof)Tanning and dressing of leather, manufacture of luggage handbags, saddlery & harness and footwear19
Manufacturing (Wood Products)Manufacture of wood and of products of wood and cork, except furniture; manufacture of articles of straw and plating materials20
Manufacturing (Paper& PaperManufacture of paper and paper products21
Products; Publishing, printing and reproduction of recorded media)Publishing, printing and reproduction of recorded media22
Manufacturing (Metals & Chemicals, and products thereof)Manufacture of coke, refined petroleum products and nuclear fuel23
Manufacture of chemicals and chemical products24
Manufacture of rubber and plastic products25
Manufacture of other non-metallic mineral products26
Manufacture of basic metals27
Manufacture of fabricated metal products, except machinery and equipments28
Manufacturing (Machinery & Equipments)Manufacture of machinery and equipment n.e.c29
Manufacture of office, accounting and computing machinery30
Manufacture of electrical machinery and apparatus n.e.c31
Manufacture of radio, television and communication equipment and apparatus32
Manufacture of medical, precision and optical instruments, watches and clocks33
Manufacture of motor vehicles, trailers and semi-trailers34
Manufacture of other transport equipment35
Manufacturing (Others)Manufacture of furniture; manufacturing n.e.c36
Recycling37
Electricity, Gas & Water companiesElectricity, gas, steam and hot water supply40
Collection, purification and distribution of water41
ConstructionConstruction45
TradingSale, maintenance and repair of motor vehicles and motor cycles; retail sale of automotive fuel50
Wholesale trade and commission trade, except of motor vehicles and motorcycles51
Retail trade, except of motor vehicles and motorcycles, repair of personal and household goods52
Hotels and Restaurants55
Transport, storage and CommunicationsLand transport; transport via pipelines60
Water Transport61
Air Transport62
Supporting and auxiliary transport activities, activities of travel agencies63
Post and telecommunications64
Finance, InsuranceFinancial intermediation, except insurance and pension funding65
Insurance and pension funding, except compulsory social security66
Activities auxiliary to financial intermediation67
Real Estate and RentingReal estate activities70
Renting of machinery and equipment without operator and of personal and household goods71
Business ServicesComputer and related activities72
Research and DevelopmentResearch and Development73
Other Business ActivitiesOther Business Activities74
Community, personal & Social ServicesPublic Administration and Defense, compulsory social security75
Education80
Health and Social Work85
Sewage and refuse disposal, sanitation and similar activities90
Activities of membership organizations n.e.c.91
Recreational, cultural and sporting activities92
Other Service activities93
Activities of private households as employers of domestic staff95
Undifferentiated goods-producing activities of private households for own use96
Undifferentiated service-producing activities of private households for own use97
Extra territorial organizations and bodies99

f. Enter two proposed or approved name for the company and click on Auto check button, the system will check the name from the MCA registry and prompt you.

g. Now, click on “Save” button. Your details will get saved, now click on “submit” button

In case you have proposed only one name you can proceed further for incorporation.

Now start filing Part B of the Form as below:

  1. Whether Articles of Association is entrenched or not
  2. Whether company is having share capital or not
  3. Enter the capital structure of the company

And click on Save and continue button.

Now,

  1. Provide the correspondence address, Phone number and mail id of the company
  2. Provide whether address of the company is same as correspondence address of the company
  3. Select, Name of the office of the Registrar of Companies in which the proposed company is to be registered from the drop down

And click on Save and continue button.

Now,

  1. Provide Number of first subscriber(s) to MOA and directors of the company and click on save and continue button.
  2. Enter details of the subscribers by click on Add/ edit blue button

And click on Save and continue button.

In the next page we will provide the details of stamp duty:

Now, click On “Prefill” buttonThe details of payment of stamp duty to be paid shall be prefilled, now click on save and continue button

In the next page we will provide the details of PAN and TAN:

Now, Provide the Area code for PAN, TAN. Also provide the details of the source of income and click on save and continue button

Now, attach the below documents of the Company:

  1. SPICe MOA.
  2. SPICe AOA.
  3. Proof of registered office of the company
  4. Copy of Utility bills not older than 2 months
  5. Any other attachment, if any.

After uploading document select the verification box

Now, enter the details of the CA or CS or CMA or Advocate in practice in declaration form

After the prescrutiny is done the Submit button will get enabled. Now, click on “Submit”. The form will get submitted and You will be able to download the SPICe plus Form Part B.

Once you download the form now attach the DSC of the director and Professional (CA, CS, CMA, Lawyer etc) and upload the form online on the MCA portal. The form must be uploaded from the same login id from where earlier SPICe plus form was filled.

Also, Pay the required fees on the portal.

Once the SPICe plus form A and B is filled, you will be able to see AGILE pro form which will be used for application of for Goods and services tax Identification number, employees state Insurance corporation registration and Employees provident fund organisation registration. The company must file AGILE form separately on the MCA portal and pay the required fees.

It usually takes 8 to 10 days for the form to get approved from the MCA department.

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