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1. What is e Form SPICe+?

SPICe+ is a part of various initiatives undertaken by the Government of India towards Ease of Doing Business (EODB).

SPICe+ form is an integrated web form and an advanced version of the previous SPICe form (i.e. e-form INC-32). SPICe+ web form offers 11 services by 3 Central Government Ministries & Departments. (Ministry of Corporate Affairs, Ministry of Labour & Department of Revenue in the Ministry of Finance) and Two State Governments (Maharashtra and Karnataka), thereby saving as many procedures, time and cost for Starting a Business in India.

2. Is it mandatory for every company to follow the SPICe+ process for incorporation of a company?

Every company incorporated with effect from 23rd February, 2020 is required to make an application for reservation of name and incorporation through the web service SPICe+. Name(s) of a company can be reserved in Part A of SPICe+. In case the applicant wants to apply for name, incorporation and other integrated services together, he can do so together by filling necessary information in Part A and Part B.

For change of name, web service RUN (Reserve Unique Name) is required to be submitted.

3. What is RUN?

RUN service is a simple and easy to use web service for reserving a name for change of name for any existing company. The said service has removed the requirement to use a Digital Signature Certificate (DSC) during name reservation. It was another value addition to Ease of Doing Business in India.

4. What needs to be done initially for availing the Incorporation services through SPICe+ Webform?

SPICe+ Web form is a post-login service and existing registered users would need to login into their account using their credentials. New users are required to create a login account first before using the service.

FAQs on Spice  issued by MCA

5. What is 'Application Number'?

Application Number refers to a system generated number given to an application for Name reservation/Incorporation which is yet to be submitted/uploaded by the user.

6. What is Part A of web form SPICe+ and can the same be filed separately?

SPICe+ Part A represents the section wherein all details with respect to name reservation for a new company have to be entered. SPICe+ Part A can either be submitted individually for name reservation only or can be submitted together with SPICe+ Part B for both name reservation as well as incorporation and for availing other integrated services.

7. What are the services offered in Part B of SPICe+?

Part B of SPICe+ offers following services viz.

  • Incorporation;
  • DIN allotment;
  • Mandatory issue of PAN;
  • Mandatory issue of TAN;
  • Mandatory issue of EPFO registration;
  • Mandatory issue of ESIC registration;
  • Mandatory issue of Profession Tax registration, only for companies to be registered in Maharashtra and Karnataka;
  • Mandatory Opening of Bank Account for the Company and
  • Allotment of GSTIN (optional, if applied for).

8. What is the sequence of uploading linked forms to SPICe+?

Following is the sequence of uploading linked forms to SPICE +:

  1. eMOA[if applicable]
  2. eAOA [if applicable]
  3. URC-1[if applicable]
  4. AGILE-PRO[mandatory in all the cases]
  5. INC-9[if applicable].

9. What will happen in case the proposed name is identical or too nearly resembles with the name of an existing Limited Liability Partnership or an existing Company?

The name shall be treated as an undesirable name and sent for resubmission or rejected, as the case maybe.

10. Whether the proposed name is undesirable if it is identical with or too nearly resembles with a name which is for the time being reserved and not expired?

Yes, it is treated as undesirable.

 

11. How do I apply for a name if the proposed name includes the name of a Trade Mark?

In case the proposed name includes a reference of a registered Trade mark name, the user must ensure that he has attached the consent of the owner or applicant for registration of the trade mark along with KYC details (bearing signatures) of Trademark owner. In case the TM owner is a body corporate, the NOC should be provided in the form of a Board Resolution along with KYC documents.

12. What are the words on which approval of regulatory authority would be required?

A name shall generally be reserved if it includes the words like 'Bank', 'Insurance', and 'Banking', 'Venture Capital' or 'mutual fund' or business activity includes the words like 'Bank', 'Insurance', and 'Banking', 'Venture Capital' or 'mutual funds' or such similar words

with the approval of regulatory authority.

Provided that the approval of regulatory authority may be obtained at the time of application for incorporation or change of name, as the case may be.

13. What are the words or expression which can be used only after obtaining previous approval of Central Government?

In terms clause {b) of sub-section (3) of Section 4, the following words and combinations thereof shall not be used in the name of a company in English or any of the languages depicting the same meaning unless the previous approval of the Central Government has been obtained for the use of any such word or expression:-

  • Board;
  • Commission;
  • Authority;
  • Undertaking;
  • National;
  • Union;
  • Central;
  • Federal;
  • Republic;
  • President;
  • Rashtrapati;
  • Small Scale Industries;
  • Khadi and Village Industries Corporation;
  • Financial Corporation and the like;
  • Municipal;
  • Panchayat;
  • Development Authority;
  • Prime Minister or Chief Minister;
  • Minister;
  • Nation;
  • Forest corporation;
  • Development Scheme;
  • Statute or Statutory;
  • Court or Judiciary;
  • Governor;
  • the use of word Scheme with the name of Government (s), State, India, Bharat or any Government authority or in any manner resembling with the schemes launched by Central, State or local Governments and authorities; and
  • Bureau
 

14. What precautions should one take care before applying for the proposed name?

One should be very careful while applying for the name, there can be rejection of name approval application in the following cases:

  • Proposed Name exactly identical/resembled/phonetically to the name of an existing company/LLP
  • Proposed Name includes words which are registered under Trademark Act with a specific class(es)
  • Wrong Class/Category/Sub Category of the Proposed Company is mentioned in web
  • Industrial Activity Code of NIC is not found in consonance with the attached objects of the Company in SPICe+ PARTA
  • Proposed Name is found Descriptive i.e. it contains commonly used words (proper pre- fix or suffix not used in name)
  • No significance about Abbreviations used in proposed name
  • Proposed Name indicates words Finance/Investment/Capital/ Holding/ Insurance etc whereas the proposed objects of the Company do not indicate such
  • Objects mentioned in the form are vague and the TM cannot be ascertained. (E.g. manufacturing / development / producing of all type of goods etc.)
  • Name contain words viz Board, National, Commission etc as given in Rule 8B of the Companies (Incorporation) Rules, 2014 for which previous approval of the Central Government is
  • Application made with Restricted and Undesirable names (System may not allow filing of such applications)
  • Proposed name if resembles closely the popular or abbreviated description of an existing company or limited liability as per rule 8A(1)(h) of Companies (Incorporation) Fifth Amendment Rules,
  • Previous approval of the Central Government has not been obtained and attached with application Where any word or expression which is likely to give the impression that the company is in any way connected with, or having the patronage of, the Government, or any local authority, corporation or body constituted by the any
  • If the proposed name contains the name a foreign country/city/town etc. then applicant has to attach any proof of significance of business relations with such foreign country like MOU with a company of such country. In case proposed name includes name of India and a foreign country (eg. India Japan or Japan India) in such cases name shall be allowed if, there is Government to government participation or patronage and no company shall be incorporated using the name of enemy (pl refer Rule 8A(1)(t).

Note: The Stakeholders are requested to take utmost care in complying with the above instructions as Name Reservation applications may be put into re-submissions or rejections on the above grounds.

15. What is the procedure after filling the SPICe+?

Once the SPICe+ is filled completely with all relevant details, the same would then have to be converted into pdf format, with just a click of the mouse button, for affixing DSCs. Thereafter all digitally signed applications can be uploaded along with the linked forms as per the hitherto process.

16. What precautions required/points to checked before uploading/submitting SPICe+ form?

  • The version of the PDF should be latest/new
  • Form is digitally signed by the director as well as the
  • Digital signatures are
  • That the directors are not disqualified under any provision of the Companies Act,
  • Size of the documents attached are within the prescribed
  • Documents attached are legible and
  • Signature are not copy pasted in any of the document attached.

17. In case the proposed name indicates different words like Finance/Leasing/Chit fund/Investment/Securities or combination thereof whereas the proposed objects of the Company do not indicate such activities, what would happen in this case?

The proposed name will be considered as undesirable if it is not in consonance with the principal objects of the company as set out in the MOA.

Similarly, if the main objectives relates to Finance/leasing/chit fund/Investment/Securities or combination thereof, the proposed name must include such activity in the name (Rule 8(a)(1)(g) of the Companies (Incorporation) Rules, 2014.

18. Can one apply name with more than one SRN?

No. System prevents application of name reservation in case proposed name is already 'applied for' and payment is already made for such SRN.

Stakeholders should avoid this and wait for a reasonable time for payment confirmation before applying the same name again.

19. What needs to be done when the proposed name applied has already been reserved but due to some issues like (Category/Spelling mistakes etc.), the applicant wants to reapply with the same name?

In such cases, before applying again, it has to be ensured that the stakeholder first withdraws the already reserved name and thereafter apply again. Such name can be withdrawn by making application to crc.escalation@mca.gov.in along with an Affidavit for withdrawal and KYC details of applicant.

20. What are the cases wherein specific objectives are mandatory to be mentioned/ attached while applying for the name?

In case of Activity Code 36 (having many activities)/74 (Other Business Activities)/93 (Other Service Activities), it is not possible to check Trademark. Therefore, it is mandatory in such cases to mention/attach specific objectives, otherwise form will be considered for rejection.

21. Whether it is mandatory to attach in-principle approval of the regulatory authority?

The name approval application may get rejected in case it is filed without In-Principle approval of the Regulatory Authority at the time of Incorporation/ Change of Name, where the objectives contain Insurance Agent/Broker activities.

Further, for change of name, approval of the Sectorial regulator i.e. RBI / SEBI / IRDAI is required.

22. Whether it is necessary to attach Board Resolution/ NOC with the name reservation application?

Certified copy of Board Resolution in case of change of name of a company and certified copy of Board Resolution with NOC duly signed by the Authorized Representative in case of incorporation of subsidiary of Foreign Company should be attached.

BR is also to be attached while providing NOC for using a resembling name / Trademark.

23. What document is required to be attached while reservation of name in case of conversion of Partnership into Company?

Partnership Deed should be attached in case of conversion of Partnership Firm into Company. Also attach the consent of all the partners for conversion of Partnership into Company.

24. How many names would be permitted in Part A of SPICe+?

In case an applicant opts for reserving the proposed name first and file Part B of the SPICe+ form later, then maximum two names can be applied through SPICe+ Part A, out of which single name, as made available by Central Registration Centre (CRC), will be approved and reserved for 20 days from the date of approval. In case entire incorporation application i.e. both SPICe+ Part A and B is being filed together then only one name can be entered in SPICe+ Part A

25. Can an approved name, reserved using Part A of SPICe+, from one Applicant ID at MCA portal be permitted to be filed in Part B of SPICe+ from other Applicant ID?

The same user login ID which was used for reserving the name has to be used for submitting and uploading SPICe+ and other linked forms.

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