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 23^rd 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.

Enter your email address:

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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:

Categories	Business Description	Activity Code
Agriculture and Allied Activities	Agriculture, Hunting and related Service activities	01
	Forestry, logging and related Service activities	02
	Fishing, Operation of fish hatcheries and fish farms; Service activities incidental to fishing	05
Mining & Quarrying	Mining of coal and lignite, extraction of peat	10
	Extraction of crude petroleum and natural gas, service activities incidental to oil and gas extraction excluding surveying	11
	Mining of uranium and thorium ores	12
	Mining of metal ores	13
	Other Mining and Quarrying	14
Manufacturing (Food stuffs)	Manufacture of food products and beverages	15
	Manufacture of tobacco products	16
Manufacturing (Textiles)	Manufacture of textiles	17
	Manufacture of wearing apparel, dressing and dyeing of fur	18
Manufacturing (Leather & products thereof)	Tanning and dressing of leather, manufacture of luggage handbags, saddlery & harness and footwear	19
Manufacturing (Wood Products)	Manufacture of wood and of products of wood and cork, except furniture; manufacture of articles of straw and plating materials	20
Manufacturing (Paper& Paper	Manufacture of paper and paper products	21
Products; Publishing, printing and reproduction of recorded media)	Publishing, printing and reproduction of recorded media	22
Manufacturing (Metals & Chemicals, and products thereof)	Manufacture of coke, refined petroleum products and nuclear fuel	23
	Manufacture of chemicals and chemical products	24
	Manufacture of rubber and plastic products	25
	Manufacture of other non-metallic mineral products	26
	Manufacture of basic metals	27
	Manufacture of fabricated metal products, except machinery and equipments	28
Manufacturing (Machinery & Equipments)	Manufacture of machinery and equipment n.e.c	29
	Manufacture of office, accounting and computing machinery	30
	Manufacture of electrical machinery and apparatus n.e.c	31
	Manufacture of radio, television and communication equipment and apparatus	32
	Manufacture of medical, precision and optical instruments, watches and clocks	33
	Manufacture of motor vehicles, trailers and semi-trailers	34
	Manufacture of other transport equipment	35
Manufacturing (Others)	Manufacture of furniture; manufacturing n.e.c	36
	Recycling	37
Electricity, Gas & Water companies	Electricity, gas, steam and hot water supply	40
	Collection, purification and distribution of water	41
Construction	Construction	45
Trading	Sale, maintenance and repair of motor vehicles and motor cycles; retail sale of automotive fuel	50
	Wholesale trade and commission trade, except of motor vehicles and motorcycles	51
	Retail trade, except of motor vehicles and motorcycles, repair of personal and household goods	52
	Hotels and Restaurants	55
Transport, storage and Communications	Land transport; transport via pipelines	60
	Water Transport	61
	Air Transport	62
	Supporting and auxiliary transport activities, activities of travel agencies	63
	Post and telecommunications	64
Finance, Insurance	Financial intermediation, except insurance and pension funding	65
	Insurance and pension funding, except compulsory social security	66
	Activities auxiliary to financial intermediation	67
Real Estate and Renting	Real estate activities	70
	Renting of machinery and equipment without operator and of personal and household goods	71
Business Services	Computer and related activities	72
Research and Development	Research and Development	73
Other Business Activities	Other Business Activities	74
Community, personal & Social Services	Public Administration and Defense, compulsory social security	75
	Education	80
	Health and Social Work	85
	Sewage and refuse disposal, sanitation and similar activities	90
	Activities of membership organizations n.e.c.	91
	Recreational, cultural and sporting activities	92
	Other Service activities	93
	Activities of private households as employers of domestic staff	95
	Undifferentiated goods-producing activities of private households for own use	96
	Undifferentiated service-producing activities of private households for own use	97
	Extra territorial organizations and bodies	99

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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