In this article we are going to answer some common queries and questions that arise with regards to the newly introduced SPICe form
The Ministry of Corporate Affairs (MCA) introduced a new set of laws for the incorporation of organisations under the Companies Act, 2013 with the much simpler method SPICe (Simplified Proforma for Incorporating Company Electronically).
The SPICe form was introduced with a purpose to prepare e-Moa and e-Aoa (Electronic MOA or AOA). This provision is the first time provided by the Ministry throughout the entire existence of India for the incorporation of a company by means of this feature there is no chance to set up the manual MOA and AOA and no alternative to physically sign the MOA and AOA by members and witnesses.
Although SPICe was introduced some five years ago, this process is still new and unfamiliar to people and company owners.
We will shed some light on the doubts a company owner may have.
What Are Some Frequently Asked Questions On SPICe?
1. How Many Company Names Can I Apply for in Spice (Inc-32) Form?
You can apply for only one company name. However, before filing the form while reserving the name you can use RUN service. And then input your Service Request Number of the approved RUN into SPICe.
Note: RUN is Reserve Unique Name which is used to reserve a name for a new company or change an existing name. This web service will help to know whether the selected name has been already taken or not.
2. What Is The Procedure For Getting Affirmed e-MOA (INC-33) And e-AOA (INC-34)?
The subscribers may get affirmed e-MOA (INC-33) and e-AOA (INC-34) through confirmed (certified) duplicates service accessible on MCA.
3. Are eMoA and eAoA Compulsory Or Physical Copies Are Required?
eMoA (INC-33) and eAoA (INC-34) are mandatory if:
- Individual subscribers are Indian nationals
- Individual subscribers who are foreign nationals if they submit a valid DIN and DSC and furthermore present a proof of a substantial business visa
- Non-individual members in India.
- In case non-individual first members are based out of India or individual foreign members do not have a legitimate business visa, physical copies of MoA or AoA are required to be signed and affixed
- If physical duplicates of MoA or AoA are required to be submitted, at that point eMoA or eAoA are not required to be submitted.
4. Do I Need To Produce PAN And AADHAAR?
Yes. The incorporation rules for companies have made changes with respect to the ID proof and proof of residence for Subscribers and Directors. Accordingly, it is mandatory to attach proof of identity and residence for a subscriber who has a valid DIN.
5. I Want To Incorporate A Producer Company. Can I File For Spice?
Of course, yes. Right now SPICe is the only form that can be used to incorporate all types of companies. You can register your Producer company and even Nidhi by filing for SPICe.
6. Is a Member’s Photograph Required in SPICe Forms?
No. A Member’s photograph is not necessary for this form
7. What Is the Number of Resubmissions Allowed For SPICe Forms?
You can resubmit the form only twice. The third time, the form will be rejected and the process will have to be re-initiated from the start.
8. What if My SPICe Form Is Rejected or Not Accepted?
In the event, your SPICe application is rejected, your processing fees will be refunded. And you can apply again.
9.What Is the Maximum Upload Size of SPICe Forms?
The maximum size is 6 MB. This includes all attachments as well. A file more than 6 MB in size will be rejected.
10. What Is the Charge to Be Paid for Pan and TAN?
The charge to be paid for PAN-Rs.66 and TAN-Rs.65.
11.How Pan and TAN Are Conveyed to the User After Approval of SPICe?
Once SPICe forms are approved, the Certificate of Incorporation (CoI) is issued with PAN and TAN as fixed by the IT Department. An email with Certificate of Incorporation (CoI) attached with PAN and TAN is as well sent to the client. Stakeholders may observe that Finance Act, 2018 modified section 139A of the Income Tax Act, 1961 and deleted the condition of issuing PAN in a plastic-coated card. Henceforth, it is made clear that PAN and TAN referred in the COI issued by MCA will likewise be treated as adequate verification of PAN and TAN for the supposed organisation assessees.
12. What Is the Method of Complaint Redressal?
If there should arise an occurrence of technical issues, for example, uploading forms, pre-inquiry blunders, Digital Signature Certificates related, fee-related inquiries, if it’s not too much trouble raise a ticket on www.mca.gov.in and expect for the problem to be resolved. You may likewise call up Corporate Seva Kendra at 0124-4832500 following 48 hours if the ticket is not settled. If there should arise an occurrence of resubmission or dismissal comments, it would be recommended to contact this number 0124-4832500 and select alternative 1 for CRC (Cyclic Redundancy Check). To escalate the issue you may send an e-mail to crc.escalation@mca.gov.in.
For any MCA-related queries, you can get in touch with Vakilsearch experts for legal assistance.
13.How to Insert an Already Authorised Name in SPICe Form?
A name which has been approved using RUN service can be inserted in SPICe against the field SRN of RUN. Based on the SRN (Service Request Number) entered, the unit type, projected name and other pertinent fields will be automatically filled by the system. Enter the same user login ID which was utilised for saving the name for submitting and uploading SPICe, INC-12, and INC-24 forms.
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