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Everything About SPICE and GPR

MEETESH SHIROYA 
on 04 October 2016

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MCA takes another Initiative in Government 

Process Re-engineering (GPR)

The Ministry of Corporate Affairs has taken another bold initiative in Government Process Re-engineering (GPR) and launched Simplified Proforma for Incorporating Company Electronically (SPICe) e-Form, on the occasion of Gandhi Jayanti 2016, with the specific objective of providing speedy incorporation related services within stipulated time frames which are in line with international best practices.

SPICe’s USP is as follows: -

  • Simplified and completely Digital form for Company Incorporation
  • Standard format of e-Memorandum of Association as per Companies Act, 2013
  • Standard format of e-Articles of Association as per Companies Act, 2013
  • Memorandum and Articles will now be filed as linked e-forms (except for Section 8 companies)
  • Provision to apply for Company Incorporation with a pre-approved Company Name
  • Mandatory DSCs of Subscribers and Witnesses (max 7+1) in SPICe MOA and SPICe AOA
  • Back Office productivity gains due to faster review of e-MOA and e-AOA by approving authories.

Existing INC-29 and INC-7 will be phased out and SPICe will be the Sole, Simplified & Versatile form available for incorporation of a company in India.

Visit the Link For Circular!!
http://www.mca.gov.in/Ministry/pdf/SPICEPress%20Release_03102016.pdf

"Everything About SPICe”

Good 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.

Visit the Link For Circular!!
http://www.mca.gov.in/Ministry/pdf/CompaniesIncorporationFourthAmendmentRules_01102016.pdf

What do you mean by SPICE ?

This is the steps which cover the digitization of Company Incorporation Procedure and reduced the Paper Work.

SPICE means Simplified Proforma for Incorporating Company Electronically. This is nothing but only digitization the Process of Incorporation of Company. As per the notification, MCA has notified simplified integrated process for incorporating a company in E-form INC-32 along with Memorandum of Association in E-form INC-33 and Article of Association in E-form INC-34. So by this process MCA has simplified the procedure for incorporation of Company by introducing filing of pre-drafted Memorandum and Article of Association electronically, which will make work easier and also prove to Ease of Doing Business.

From 01/05/2015, MCA came with the Integrated process of Incorporation of Company 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). So the process is easy and you get Approval within 48 hours *subject to the satisfaction of departments.

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.

Why SPICe is Required ?

As we all know that, India is developing fast and Government will take new initiative day by day so to fulfilled the growing demand of developing Country, something new to be developed and one of the source for that is digitization and government will put pressure on different government authorities to developed the process through digitization and to capture this demand MCA has launched SPICe.

As the Economy Growing, the role of Electronic media is also play an important part in developing country like India, and that's why SPICe is one of the example for the same.

Which Company will be apply under SPICe ?

  • Incorporation of Seciton-8 Company. 
  • Incorporation of Producer Company. 
  • Private Company.
  • Public Company and
  • One Person Company.

What is the Purpose of SPICe ?     

To Provide better Platform to the Professionals and remove difficulties in day to day business  and make sure that the professionals will carry their business in smooth and efficient manner.

How SPICe Works ?

1. The main feature of In INC-32 is in point No. 5(a)(i) of INC-32 Form, there is a  option “Whether Name is already approved by Registrar of Companies” Company has to select  Yes or No in this Option. 

If you select Yes (Means Company has got name approval in INC-1) then mention the SRN of such INC-1. 
If you select No, in that case name is not approved by INC-1 then mention the name and significance as we were applying in INC-29.

2. Now under SPICe, Memorandum and Articles of Association need to be filed electronically. As in E-form INC-33, we just have to enter the objects of the company and in E-Form INC-34 which provides pre-drafted clauses of Articles of Association. We just have to select the clauses to be mentioned in the Articles and also select 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. In e-MOA (Electronic MOA) and e-AOA (Electronic AOA) has been prescribed by MCA.  In e-form No. INC-33 and e-form No. INC-34. This is the first time in the history of MCA, which provides such facility to prepare MOA & AOA in electronic mode. 

4. Instead of Signature of Subscriber affix the DSC of subscribers.

5. By affixation of DSC of the subscriber on the INC-33 (e-moa) and INC - 34 (e-aoa) date of signing will be automatically captured  by the form.

6. Now Signature of witness done away affix the DSC of 2 witness.

7. Maximum 7 (Seven) details of subscribers allowed in SPICe (INC-32).

8. Maximum 3 (Three) Directors are allowed for using this integrated form for filing application of allotment of DIN while incorporating a Company.

9. In Form INC - 34 Director name should be entered mandatory under “Board of directors”. Mention different appointments as a sub-article, E.g. (a) - Managing Director, (b) - Director Names etc.

10. In Form INC - 34 Instead of Signature of witness affix the DSC of 3 witness.


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