SPICe is an abbreviation for Simplified Proforma for Incorporating a Company Electronically and as the name suggests, it is an application form for company registration with the Ministry of Corporate Affairs. The company here means any kind of firm – may it be a Private limited company, Public Limited Company, One Person Company, Nidhi Company, Section 8 Company or Producer Company. Such type of companies is registered to MCA via a pdf form known as SPICe Form.
Ministry of Corporate Affairs has declared the rollout of the new form of the same genre. MCA has confirmed the soon arrival of Form SPICe Plus which is an assuage to the businesses in terms of Easy Business Initiatives. This new format popularly known as SPICe Plus or SPICe + is a replacement of the old SPICe form that was supposed to be uploaded in a pdf format. With the halt in the old system, the new SPICe Plus Form will be a web-based version.
Introduction to Web-based SPICe + Filing Form Under MCA
The Ministry of Corporate Affairs (MCA) is changing the old SPICe (Simplified Proforma for Incorporating Company Electronically) e-form with a new web form called SPIC plus.
SPICe Plus apart from being an updated version of the existing SPICe, the form is capable of serving numerous requirements like name reservation, incorporation, DIN allotment, mandatory issue of EPFO, ESIC, PAN, TAN, Profession Tax (Maharashtra) and Opening of Bank Account. SPICE plus will also facilitate the allotment of GSTIN wherever so applied for by the Stakeholders. After deployment of SPICe+ web form, RUN (Application for the name of proposed company) shall be applicable only for a change of name of existing or running companies.
As per Ministry of Corporate Affairs, the SPICe+ would offer 10 services by three central government ministries and departments, the ministry said in a notice on its website. The new SPICe plus form would be applicable for all new company incorporations from February 15, 2020, onwards. The same was notified by the MCA on its website.
List of services which will be provided by the SPICe+ form is as under:
- Reservation of Name (Run would be discontinued for Company Registration)
- Director Identification Number (DIN) Allotment
- Incorporation of Companies
- PAN Issuance for the Company
- Issue of TAN
- Registration of Company as an Employer with EPFO
- ESIC Registration for the Company
- Profession Tax Registration for the State of Maharashtra
- Bank Account Opening.
- Company Registration as Tax Payer in GST
What will change with the introduction of SPICE+ Form?
- As per MCA notification stakeholders are requested to note that as part of the Government of India’s Ease of Doing Business(EODB) initiatives, the Ministry of Corporate Affairs would be shortly notifying & deploying a new Web Form ‘SPICe+’ (pronounced ‘SPICe Plus’) replacing the existing SPICe form.
- After deployment of the SPICe web form, RUN shall be applicable only for a change of name of existing companies.
- Upon notification & deployment of a new form, all new name reservations for new companies as well as new incorporations shall be applied through SPICe only
- However, incorporation/registration of companies for names reserved through the existing RUN service shall continue to be filed in the existing SPICe e-form along with related linked forms as applicable and if marked under resubmission shall be resubmitted in old SPICe e-form.
- Resubmission of SPICe forms submitted before the date of deployment of the SPICe webform shall also be filed in the existing SPICe e-form and related linked forms as applicable.
Required Details for SPICe+ Form
- 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
- Details of payment of stamp duty
- Information on PAN or TAN
The following are the attachments necessary for submitting the SPICe+ forms:
- The Articles of Association
- Memorandum of Association
- A simple 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
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 Company Secretary, Chartered Accountant (CA) or Cost Accountant. Such provision is exempted only for two cases. Basically the first case is when the total number of directors or subscribers is more than 20. The other case is when any of the subscribers or the directors do not possess either DIN or PAN.
As a measure of a soft evolution from the old environment of Spice Form-based incorporation to the new web-based Company Registration, for the cases where the name of the proposed company is already approved through RUN (Reserve Unique Name), the old Spice Form shall be used. Even for the resubmissions of all previously filed forms shall continue to be filed through Spice Form.