Procedure For Incorporation Of Private Limited Company Using SPICe+

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The process of company Incorporation starts right from choosing an appropriate business structure. In India, Private Limited Company is the most preferred type of business structure as it provides credibility and security to the business. The Government of India has simplified the process of Incorporating a Private Limited by introducing an integrated web form SPICe+ offering 10 different services in the year 2020.

This blog will thoroughly discuss the steps-wise process of Incorporation of Private Limited Company through SPICe plus Form.

  1. Acquire DSC for all the proposed directors and subscribers

DSC is a digital signature certificate that is used to sign a document digitally or electronically in a secured and authentic manner. As the SPICe + forms is an e-form, it is required to be electronically signed by the proposed directors and subscribers. This is why, the first step for incorporating a Pvt. Ltd. is to acquire DSCs for all the proposed directors and subscribers not having DSC.

  1. Register/Login to MCA Portal

SPICe plus web form is required to be filled on the MCA Portal under the head MCA Services. The MCA Portal provides various company services and some of them can be availed without registering or logging in on the portal while rest services can be availed only after login. SPICe plus web form is a post login service, thus the user has to login on the portal to fill the SPICe + forms. In case, the user is new to the portal then he can register himself in the portal easily.

Thereafter, go to MCA Services and click on SPICe plus available under Company Services. It will redirect the user to the application page. There will be two options on the Application page, one is New Application and second is Existing Applications.

  • Click on the New Application to proceed with the Private Limited Company Incorporation.

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       3 Fill SPICe+ PART A – Company name reservation

SPICe + form is divided into two parts, first is PART A for company’s name reservation and second is PART B for company incorporation and other 8 services.  SPICe+ Part B has 4 linked forms namely, SPICe Moa. SPICe AoA, AGILE Pro and INC-9.

Here the point to learn is that the user can either fill both the parts at once and then can submit all the forms together or either first apply for name reservation by submitting Part A only and after receiving name approval apply for incorporating by submitting Part B.

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When only a Part A form is filled and submitted then –

  • The user is required to pay the entire Incorporation fee of Rs. 1,000/- simultaneously. While the other required fee that is stamp duty and PAN & TAN fee along with the Part B forms.
  • The name is reserved for 20 days from the date of name approval mentioned under the name approval letter received through mail or can be accessed on the portal itself. Thus, the user has to submit the Part B form within these 20 days otherwise the SRN shall be expired.

A user is required to fill following details in following manner in SPICe+ Part A –

(1) Firstly, select the Type of Company from the options available in the drop-down option. In order to form a private limited company, select the option ‘New Company;.

(2) Likewise, select the Class of Company from the drop-down options that are Public Company, Private Company and One Person Company. Choose Private Company option to form a Pvt. Ltd.

(3) Next, select the Category of Company, it means whether the company is limited by shares or by guarantee or the company is unlimited company. Always understand the difference among the three then select the category wise. Generally, Company limited by shares is preferred in case of Private limited.

(4) Thereafter, the user is also required to select the sub-category of the company from the following options –

    • Union Government Co.
    • State Government Co.
    • Non-Government Company
    • Subsidiary of Company incorporated outside India or
    • Guarantee and association company

Generally, Non-Government Company is preferred in case of Private limited.

(5) Thereafter, the user has to write down the Main Division of Industrial Activity of the Company. The MCA has divided the kinds of industrial activities that a company can undertake on the basis of its main nature of work such Agriculture business or manufacturing business and then each industrial activity has been given a specific number. This list is easily available on the Google.

(6) Next detail is very important thus requires utmost accuracy. The user has to write the Summary of main object of the company in the rectangular box provided therein. Main object of the company manifests the core area of activity that the company will pursue on its incorporation. The user can attach any supporting document like trademark certificate or detailed main object in the pdf format under the attachment option.

(7) Lastly, applicant is required to fill the most important detail that is the Company Name. Applicant may propose two names for the company in a preferential order.

Once all these details are filled then applicant has to click on the auto-correct in order to get save and submit buttons operational. Moreover, it will conduct a preliminary research on the names that whether these names are available or not. Thereafter, click on save and thus, the form will be saved.

Now the important step occurs, that the applicant get option to submit the form either at that time only or can submit later under the existing applications.

Furthermore, when the applicant will click on the submit button then a new confirmation alert notification box will appear. It will give following 2 options to the applicant-

  • Submit for Name Reservation form only and pay the required fee
  • Proceed with Incorporation forms that is SPICe+ Part B and linked forms

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In both of these cases, SPICe + Part B shall be filled on the portal only. For this proceed with the further steps.

      4. Fill SPICe+ PART B – Private Limited Company Incorporation

The interesting thing about the SPICe+ Part B form is that it is segregated into many pages and each page details are check and verified to proceed on next page. Fill the following details in Part B form in following manner and with utmost care –

(1) The first step is to choose that the AoA is entrenched or not. When the applicant is not changing the entire or substantial part of SPICe AoA then select No or vice versa.

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(2) Thereafter, if the company is having a share capital then select yes or otherwise. In case of company having a share capital, the applicant is required to give complete details about it such as total authorized capital and total number of equity and preference share and their respective values.

As discussed that every page will require check details and proceed on next so click on save and continue button.

(3) Subsequently, the applicant has to mandatorily provide correspondence address, phone number and email address of the proposed company. Applicant can also provide fax details of the company, if any.

Then, if the correspondence address is also the registered address of the company then select yes so as to fill the registered address details automatically.

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Lastly in this section, select the name of the office of ROC from the drop-down options. However, it is pre-filled as per the company address.

So, save and continue this page to go on to the next page.

(4) Now, the applicant is required to state the number of directors and/or subscribers having or not having valid DIN. Again, save and continue this page to go on to the next page.

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(5) Next, provide the subscribers’ and directors’ details in accordance with the following picture –

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(6) Now, provide the details of stamp duty which is required to be paid. Applicant does not have to panic that he doesn’t know about the amount of stamp duty or other details related thereto. Just click on the pre-fill button to get the details automatically/pre-filled in form.

Furthermore, write 0 in the total amount of stamp duty paid column to save and continue to the next page.

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(7) Complete the PAN/TAN information that is Area Code, AO type,  Range code and AO number. Here, the applicant is also required to provide business /profession code on the basis of the company’s nature of work.

In case the applicant does not know about them, the applicant can get these details on Google on the basis of Company’s address. Again, save and continue on to the next page.

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(8) Now, the applicant has to attach the documents to verify that all the details are filled correctly.

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Following documents are mandatory to be attached to save and continue to next page –

  • Copy of Utility Bills – Attach a PDF consisting
    • utility bill not older than 2 months (Either Electricity Bill or Water bill or Telephone Bill)  and
    • Stamped and notarised Rent agreement (if company’s premises is on rent)  and
    • No Objection Certificate from the owner of property or landlord
  • Identity and Residential address proof from subscribers –
    • Voter ID / Passport / Driving License can be used as ID proof
    • Bank Statement/ Electricity Bill/ Telephone Bill/ Water Bill can be used as Address Proof
  • Identity and Residential address proof of Applicant I & Applicant II
    • Voter ID / Passport / Driving License can be used as ID proof
    • Bank Statement/ Electricity Bill/ Telephone Bill/ Water Bill can be used as Address Proof
  • Optional Attachment- as per the name other mandatory documents are to be attached
  • Passport Size Photograph and PAN card and Aadhaar Card of both Applicant 1 and Applicant 2

Once all the documents are attached, save and continue on to the next page.

(9) Declaration and Verification box will appear on the next page. Read all the verification details thoroughly and select the options accordingly.

Thereafter, provide the professional details of Chartered Accountant or Cost Accountant or Company Secretary in practice in the declaration only.

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Subsequently, click on the prescrutiny button to conduct preliminary research that there is any error in the form details or not. If not, then save and submit buttons will be enabled. Thus, click on save and submit the form.

       5. Fill SPICe+ PART B linked forms – Private Limited Company Incorporation

Once the Part B is submitted then 4 linked forms that are AGILE Pro, Moa, AoA and INC-9 will be enabled in the application section. Let’s understand about these forms –

AGILE Pro form was introduced to provide 6 services at the time off incorporation that GST Registration, Bank account opening, Professional tax registration, ESIC and EPFO registration. It is on the applicant to choose all or any of these services and thus the form shall be filled accordingly.

AGILE Pro form requires 3 documents as attachment that are ID proof, address proof and signature of the authorized signatory of the proposed company. Ensure that these documents are same as are attached in the Part B form.

Subsequently, Fill the SPICeMoA and AoA. These forms are pre-filled, the applicant is required to select the clauses he wants to make them applicable on the company and he can also alter them as per company’s requirement.

Lastly, INC-9 is a consent form in which directors undertake that they are not barred or disqualified to become a company’s director as per the Companies Act, 2013. Thus, this from is auto-filled just required to be digitally afterwards.

       6. Download and upload all forms on the portal

When all forms are filled and submitted then the download option shall be enabled on the portal in the application section only. Download all the 5 forms and attach dsc of the relevant director, subscriber and professional on the forms. Thereafter, submit the forms. To submit, login on the portal and go to workspace and there will be an option e-uploads on the right corner.

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Then select the normal form and select the 4 linked forms. Consequently, upload the forms.

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Points to remember –

  • No form size exceeds 6 MB as a form exceeding 6 MB in size cannot be uploaded on the portal
  • All the five forms shall be uploaded in the sequence of SPICe + Part B, SPICeMoA, SPICeAoA, AGILE Pro and INC-9.

Once all the forms are successfully uploaded then a Service Request Number known as SRN shall be generated and lastly make the payment.

Applicant can check the status of company at any time on the portal only through SRN.

Generally, MCA takes 4-7 days to respond to the forms either approval or resubmission. If the form is approved then it shall be communicated on the company’s email.

Conclusion

The online process of private limited company incorporation has become substantially easy with advent of SPICe+ forms. However, the applicant has to be careful about the technical and other minute details related to forms in order to receive approval in one time. Otherwise the forms could be resubmitted and only 2 chances are given to fix the issues then the form will get rejected.

If you are looking for a professionals’ help for incorporating your private limited company then team of Manthan Experts is the right choice.

Click Here to Incorporate a Company


Knowledge Source:

Event Based LLP Compliances

Conversion of LLP into Private Limited Company

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