An appreciable step is taken by Ministry of Corporate Affairs by introducing E-Form INC-32 under SPICe scheme vide MCA's notification dated 01/10/2016 notifying Companies(Incorporation) Fourth Amendment Rules, 2016. SPICE means Simplified Proforma for Incorporating Company Electronically. Through this notification, MCA has notified simplified integrated process for incorporating a company in E-form INC-32 alongwith Memorandum of Association in E-form INC-33 and Article of Association in E-form INC-34. Hence, through this initiative, MCA has simplified the procedure for incorporation by introducing filing of pre-drafted Memorandum and Article of Association electronically, which will make lots of work easier for the professionals.
Earlier with effect from 01/05/2015, MCA came with the integrated process of incorporation by filing E-form INC-29. This was a major reform brought by MCA for incorporation of company which require filing of only one E-form i.e. INC-29 as against five forms filed earlier (i.e. DIR-3 for application for obtaining DIN, INC-1 for approving the name of company, INC-7 for registration of company with MOA and AOA, INC-22 for registered office and Form DIR-12 for first directors of company). As the entire process is in single form, correct filing would mean approval in 48 hours.
In continuation of its initiative of easy of doing business, MCA has more facilitated the process of incorporation by introducing SPICe E-form INC-32 which provides the same facilities as were provided in Form INC-29 with more facilitating the process by introducing filing of Memorandum and Article of Association electronically. Relative to the old process, it has the potential to save lots of time, if properly implemented. However, further clarification with regard to incorporation under SPICe are to be provided by Ministry of Corporate Affairs.
Highlights of SPICe E-form INC-32:
1. This form can be filed even after INC-1: Means even if we have already applied E-form INC-1, then also we can file INC-32. This facility was not there in E-Form INC-29. Although just like INC-29, we can also apply name of the company through form INC-32.
2. MOA and AOA have been provided electronically in E-Form INC-33 and E-Form INC-34: Now under SPICe, Memorandum and Articles of Association need to be filed electronically, which will make lots of work easier. As in E-form INC-33, we just have to copy paste the objects of the company and in E-Form INC-34 which provides predrafted clauses of Articles of Association. We just have to choose the clauses to be mentioned in the Articles and also choose if any clause is not applicable or need to be altered. Hence, the task of drafting memorandum and Article of Association has become much easier for professionals.
3. Digital Signatures of subscribers and witness of MOA and AOA will be affixed: Because of new electronic Memorandum and Article of Association of the company, there is no need of signatures of subscribers and witness. That means we just need to affix digital signatures of subscribers and witness on the E-Form INC-33 and E-form INC-34.
4. Information in form INC-32 has been increased in comparison to INC-29:That means details in INC-32 is much more than INC-29 but at the same time INC-32 is quite similar with INC-29. That means just like INC-29 which fulfil five purposes for company registration, which are application for DIN allotment, reservation of name, incorporation and even PAN and TAN, INC-32 provides same facility with further facilitating the process by introducing filing of Memorandum and Article of Association of the company electronically.
Its an appreciable step taken by the Ministry because this will make lots of things easier, which is going to help professionals in very nice manner.
-CS Peer Mehboob
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