MCA Amendments 2023: Upgradation of E-Forms in tune with V3 portal



Quick Summary
The Ministry of Corporate Affairs (MCA) has introduced significant amendments in 2023, primarily focusing on the upgradation of e-forms to align with the V3 portal. These changes affect several key forms, including SPICe+ Part A and B, INC-3, INC-4, INC-13, INC-31, INC-33, INC-34, INC-9, AGILE PRO-S, and URC-1. Notably, the introduction of NIC codes for business activities, simplified nomination processes, and the incorporation of e-MOA/e-AOA are among the key updates. Many attachment requirements have been removed, with information now captured in machine-readable formats or integrated directly into the forms.

MCA Notification dated 21.01.2022 contains a list of notifications issued by the Ministry of Corporate Affairs during 2023 for making amendments to the provision of the Companies Act 2013 and Rules made thereunder.

Amendment to Companies (Incorporation) Rule, 2014

MCA Amendments 2023: E-Form Upgrades for V3 Portal

The following forms are covered in the recent amendment

SPICe+ PART A, SPICe+ PART B, INC-4, INC-13, INC-31, INC-33, INC-34, INC-9, AGILE PRO-S, URC-1.

  1. SPICe PART-A: NIC code 2008 introduced with the option of selecting 3 business activities with a 5-digit code.
  2. SPICe PART-B:
  • FORM INC-3: The name of the person nominated shall be nominated in MOA and such nomination filed in E Form INC-32 (SPICe+) along with Consent, earlier given in Form INC-3 (Substituted).
  • FORM-INC-4: A person nominated by the subscriber of OPC may withdraw his consent by giving notice in writing to such sole member and to the OPC in the form of a declaration in Form INC-4.
    The Company in the form of declaration in Form INC-4 can file with the registrar notice of withdrawal and intimation of another person nominated by the sole member within 30 days.
  • E-MOA and E-AOA: E MOA (INC-13) and E-AOA(INC-31) were incorporated including in section 8 Company. E-MOA (INC-33) and E-MOA (INC-34).
    Auto-population of object clause, subscriber, and share capital details from SPICe+ Part A and Part B.
  • Capital: Bifurcation of Capital into different classes to be provided.
  • INC-14 and INC-15: The requirement of INC-14 and INC-15 as an attachment is omitted.
  • FORM No. INC-18: An intimation along with a copy of the appreciation with annexures as filed in Form no. INC.18 with the Regional Director shall also go to the registrar through the MCA system.
  • Attachments were removed and information was captured in a machine-readable format.
 

URC-1

The requirement of providing the attachment 'Resolution of Unregistered Companies in case of Chapter XXI (Part I) companies' in SPICe+ Part B is to be moved to the attachment section of URC-1.

Consent of Members, a declaration from all the members covered under 8(1)(b) and (c), a declaration from directors, and a Certificate from Professionals are removed as an attachment and moved in Form URC-1.

 

INC-9

Attachments 'Consent of majority of members, 'Consent of at least three -fourth of members agreeing for registration under this part', 'Declaration from all the members regarding complianceas per section 8(1)(b) and section 8(1)(c) of the Act and detailed objects of the company have been removed and added as declarations in Form INC-9.

AGILE PRO- S

Mandatory for all Companies.

FAQ :

The main MCA amendments in 2023 focus on upgrading e-forms to be compatible with the V3 portal, impacting forms like SPICe+, INC series, URC-1, and AGILE PRO-S.

The updated forms include SPICe+ PART A, SPICe+ PART B, INC-3, INC-4, INC-13, INC-31, INC-33, INC-34, INC-9, AGILE PRO-S, and URC-1.

SPICe+ Part A now includes the introduction of NIC codes 2008, allowing for the selection of up to 3 business activities with a 5-digit code.

For One Person Companies (OPCs), the nomination process has been simplified. The nominated person's details are now included in the MOA and filed via E Form INC-32 (SPICe+) along with their consent, replacing the previous Form INC-3.

Yes, several attachment requirements have been omitted or moved. For instance, INC-14 and INC-15 attachments are no longer required, and information previously submitted as attachments in forms like URC-1 and INC-9 is now captured directly within the forms or in a machine-readable format.

AGILE PRO-S is now mandatory for all companies, indicating its increased importance in the registration process following the MCA amendments.




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