Incorporation of company thorough spice

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Sunita Bisht (Querist)

10 July 2017 Hello everybody,

My query is:-

SPICE form is sent for re submission with following error:-

Please refer section 5(3) for entrenchment of article & attach separate sheet for entrenched articles with Condition or procedure for alteration of entrenched articles in AOA as per sec 5(3) of Companies Act, 2013.please specify the Condition or procedure which is more restrictive than SR for alteration of Entrenched articles IN AOA.

Case: In eAOA, i have altered clause 1 and entered the definition of the private company.
So in Spice main form (INC 32) , i selected "yes" to the question "Whether Articles of Association is entrenched" with details of the alteration that company which is being incorporating is a Private Company.

Please help.

Thank you. :)

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)

10 July 2017 In INC 32 , for the clause "Whether Articles of Association is entrenched" , select NO and resubmit the forms.

Sunita Bisht

Sunita Bisht (Querist)

10 July 2017 Sir, Whether eAOA also need to resubmit with SPICE form as it is uploaded earlier after alteration in clause 1?

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)

11 July 2017 From the query raised by MCA and cited by you , it is not clear which forms are to be resubmitted apart from INC 32. Since SPICe forms are linked forms, seems 32,33,and 34 are to be resubmitted. However, before deciding, contact the ROC for a clarification.

Sunita Bisht

Sunita Bisht (Querist)

11 July 2017 Thank you sir for your quick response :)

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