28 FAQs on SPICe+ (SPICe Plus) Form
The Government of India has launched a number of programmes aimed at EODB (Ease of Doing Business), including SPICe+. This article will cover most of the information on the Form SPICe+ for company Incorporation.
1. What is the difference between SPICe and SPICe+ form?
SPICe+ is an integrated Web form that offers 10 services by three Central Government Ministries & Departments, whereas SPICe is an electronic form. In comparison to the old SPICe form, the new SPICe+ form offers even more services in a single form.
2. What needs to be done beforehand in order to use the SPICe+ Webform incorporation services?
Existing registered users must log into their accounts using their credentials in order to access the SPICe+ Web form, which is a post-login service. Before using the service, new users must first register a login account.
3. How many times may updates or revisions be done to SPICe+ (after producing a pdf and attaching DSCs)?
Even after creating a pdf and attaching a DSC, SPICe+ changes/modifications can be made up to five times by amending the same web form application that has been saved, generating the updated pdf, attaching the updated pdf, and uploading the same.
4. Is getting DSC now a requirement for every subscriber and/or director?
Yes. It will be necessary for each subscriber and/or director to obtain a DSC (Digital Signature Certificate) if there are up to twenty subscribers and/or directors to the eMoA and eAoA and they all have a DIN or PAN (Permanent Account Number).
5. In what order should linked forms be uploaded to SPICe+?
Below is the order in which SPICe+ forms need to be linked:
- eMOA (If applicable)
- eAOA (If applicable)
- URC – 1 (If needed)
- AGILE – PRO (required in all circumstances)
- Form INC – 9 (If needed)
6. Is filing of eMoA and eAoA required? Can signed and annotated paper copies of MoA/AoA be submitted with SPICe+ forms?
Yes. If there are up to 7 subscribers, you must use eMoA (INC-33) and eAoA (INC-34) in the following circumstances:
- Each subscriber is an Indian citizen.
- Individual overseas subscribers who present documentation of a current business visa in addition to a valid DIN and DSC.
- Indian-based corporate subscribers.
- In the event that non-individual initial subscribers are based outside of India or if individual overseas subscribers do not have a current business visa, physical copies of the MoA/AoA must be signed and attached.
7. Is the SPICe+ procedure for company incorporation required for all businesses?
Every company that established from February 23, 2020, must submit an application for name and incorporation reservation via the web tool SPICe+. In Part A of SPICe+, company names may be reserved. The applicant may complete Parts A and B with the relevant information if he wishes to submit a single application for name, incorporation, and other integrated services. The web service RUN (Reserve Unique Name) must be submitted in order to alter a name.
8. What is the meaning of Application Number?
Application Number is a system-generated number assigned to a name reservation or incorporation application that has not yet been submitted or uploaded by the user.
9. Is it possible to incorporate Nidhi Company using SPICe+ forms?
Yes. The “Nidhi Company” business type must be chosen in the SPICe+ Form
10. How are PAN and TAN communicated to the user upon SPICe+ approval?
The Certificate of Incorporation is issued with the PAN & TAN assigned by the Income Tax Department after SPICe+ form is approved. The user also receives an email with a Certificate of Incorporation attachment, along with PAN and TAN.
11. How many times can SPICe+ forms be submitted again?
For SPICe+ forms, resubmitting is allowed twice.
12. Is there a reimbursement if SPICe+ forms are rejected?
Yes. Refunds are available if SPICe+ forms are refused.
13. In accordance with Rule 9A of the Companies (Incorporation) Rules, 2014, how can a name that has been reserved using SPICe+ Part A be extended?
A reserved name through SPICe+ Part A can be extended by clicking on the ‘Extend’ button that is enabled against the ‘Approved’ SPICe+ Part A SRN. After clicking the ‘Extend’ button, the applicant must select the required period of extension and make the required payment. When the payment is successful, a challan is generated, and the name reservation is updated to reflect the extended period. In addition, an updated name reservation letter will be sent to the applicant’s email address.
14. What does Webform SPICe+ Part A contain, and can it be filed separately?
The SPICe+ Part A section is where all information pertaining to name reservations for new companies must be entered. You can submit SPICe+ Part A either separately for name reservation only or jointly with SPICe+ Part B for name reservation, incorporation, and the use of additional integrated services.
15. What services are provided in SPICe+ Part B?
- DIN Allotment Service
- Mandatory issue of TAN and PAN
- Company Incorporation
- Mandatory issue of EPFO and ESIC Registration
- Allotment of GSTIN (If applicable)
- Professional Tax Registration Service
- Shop and Establishment Registration Number.
16. What is the eMoA word count restriction for writing objects?
The character limit is 20,000 for primary objects (Field 3(a)) and 100,000 for supporting items (Field 3(b)).
17. Is filing INC-22 with SPICe+ still required?
If a firm is registered at the same address as the address for correspondence, than in that case filing of INC 22 with SPICe+ filing is not necessary. If the registered address is different than Within 30 days of incorporation, INC-22 must be filed to notify the registered office address.
18. Does submitting form INC-12 is necessary when forming a Section 8/Part I of Section 8 Company.
No, as stated by the Companies (Incorporation) Amendment Rules, 2020, licenses for Section 8/Part I Section 8 companies must now be provided through the SPICe+ form.
19. What would be the process for creating INC-9 (Declaration by all Subscribers and First Directors)?
INC-9 must always be filed electronically and is automatically created in PDF, with the following exceptions: (i) There are more than 20 subscribers or directors overall, (ii) none of these subscribers or directors have a DIN or PAN, or (iii) both.
20. Is SPICe+ registration for Professional Tax required throughout all of India?
No. With effect from February 23, 2020, all newly formed companies in the State of Maharashtra are required register for profession tax via SPICe+.
21. Is it necessary for all newly formed enterprises in India to register for EPFO and ESIC through SPICe+?
Yes. All newly created companies must register for EPFO and ESIC (Employee State Insurance Corporation) with effect from February 23, 2020, and the appropriate agencies will no longer issue separate registration numbers for EPFO (Employee Provident Fund Organization) and ESIC.
22. What function does DSC need to be connected with if a first director lacks a DIN or subscribers?
By giving their PAN, first directors without DINs or subscribers with PANs must associate their DSC under “authorized representative.” Once the DIN has been assigned to the first directors following SPICe+ approval, the DSC (Digital Signature Certificate) can be updated against the DIN by utilizing the “Update DSC” service.
23. Will companies incorporating through SPICe plus with authorized capital up to INR 15,00,000 be subject to the zero filing fee?
Yes. Companies with an Authorized Capital up to INR 15,00,000 that are incorporated through SPICe+ will continue to benefit from the “Zero Filing Fee” concession.
24. By using SPICe+, how many banks have been integrated?
For the purpose of opening a bank account, Punjab National Bank, SBI Bank, ICICI Bank, Kotak Mahindra Bank, Bank of Baroda, UBI, IndusInd Bank, and HDFC Bank are currently integrated with SPICe+. Many banks in the public and private sectors will gradually integrate with SPICe+ as well.
25. What are the points that needs to be taken care of at the time of filing SPICe+ Form?
- The PDF version needs to be the most recent/new one.
- Both the director and the professional have digitally signed the form.
- Validation of digital signatures.
- That the directors are not ineligible in accordance with any 2013 Companies Act provision.
- The linked papers’ sizes are within the permitted range.
- Documents provided are valid, and no signatures have been copied and pasted into any of the documents.
26. Can a name have more than one SRN applied for it?
No. When a suggested name has already been “applied for” and paid for, the system disallows name reservation applications. Stakeholders should stay away from this and give themselves enough time to receive payment confirmation before reapplying under the same identity.
27. What is the procedure to fill out PartB once the name is accepted in SPICe+ PartA?
Click the “Fill” button next to the SPICe+ Part A SRN that is displayed on the Dashboard, and then click “Proceed.” This will enable the SPICe+ form’s Part B portion. SPICe+ streamlines on-screen filing and real time data validation, making the incorporation of businesses simple.
28. What safety measures must be followed in relation to SPICE+’s “Objects Clause”?
Regarding the “Objects Clause” in SPICe+, the following factors require caution:
- MOA (Memorandum of Association) should not mention any ambiguous objects.
- The objectives listed in e-MOA/AOA must be consistent with the objects accepted in SPICe+ form Part A form.
- Should include an In-Principle Approval from the Regulator if the primary SPICe+ form Part A approved objects include phrases like “INSURANCE AGENT” among objects for tourism, healthcare, and travel agents, as well as any unusual commercial activity.
- The NIC code ought to be in line with the goals of the proposed company.
Source: FAQs on Incorporation and Allied Matters
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