FAQs
Posted on : - Apr 12, 2018
Question How many names can be applied for in SPICe (INC-32)?
Answer

Only one, however for reservation of a name prior to filing SPICe (INC-32), you may use RUN service and then input the SRN of approved RUN into SPICe.

Posted on : - Apr 12, 2018
Question Is INC-22 is still required to be filed with SPICe?
Answer

It is not required to be filed with SPICe (INC-32) if a company is registered with the same address as the address for correspondence (in INC-32). In case the registered address is different, INC-22 is required to be filed within 30 days of its incorporation, for intimating the registered office address.

Posted on : - Apr 12, 2018
Question What is the process for obtaining approved e-MOA (INC-33) and e-AOA (INC-34)?
Answer

The users may obtain approved e-MOA (INC-33) and e- AOA (INC-34) through certified copies facility available on MCA.

Posted on : - Apr 12, 2018
Question Is it mandatory to use e-MOA and e-AOA? Can physical copies of MOA/AOA be signed and attached with SPICe forms?
Answer

Yes. It is mandatory to use e-MOA (INC-33) and e-AOA (INC-34) in case of the following:-

1) individual subscribers are Indian nationals

2) individual subscribers who are foreign nationals in case they have valid DIN and DSC and also submit a proof of a valid business visa-

3) Non-individual subscribers based in India.

Physical copies of MOA/AOA is required to be signed and attached in case non-individual first subscribers are based outside India or individual foreign subscribers do not possess a valid business visa.

In case physical copies of MOA/AOA are required to be submitted, then e-MOA/e-AOA shall not be attached. 
Posted on : - Apr 12, 2018
Question Whether e-MOA (INC-33) and e-AOA (INC-34) is to be filed with SPICe (INC-32) in respect of non-individual first subscribers who are based outside India?
Answer

No. In respect of non-individual first subscribers who are based outside India, pdf attachments of apostillised MOA and AOA shall be attached with SPICe (INC-32).

Posted on : - Apr 12, 2018
Question Is a proposed Section 8 company required to file eMOA (INC-33), eAOA (INC-34) along with SPICe (INC-32)?
Answer

No. Section 8 companies are mandatorily required to file MOA and AOA as pdf attachments to SPICe (INC-32).

Posted on : - Apr 12, 2018
Question Is a proposed Part I company required to file e-MOA (INC-33), e-AOA (INC-34) along with SPICe (INC-32)?
Answer

No. Part I companies (Partnership firm, LLP, Co-operative society or any other business entity other than company) are mandatorily required to file MOA and AOA as pdf attachments to SPICe (INC-32) along with form URC-1 which is to be filed as a linked form.

Posted on : - Apr 12, 2018
Question Is PAN and AADHAAR mandatory?
Answer

Yes. The companies (incorporation) rules notified has liberalized many requirements in respect of Proof of Identity and Proof of residence in respect of Subscribers and Directors. The Companies (Incorporation) third Amendment Rules dated 27th July 2016 has relaxed the mandatory attachment of proof of identity and residence in respect of a subscriber having a valid DIN.

Posted on : - Apr 12, 2018
Question What are the exceptional scenarios in which pdf attachments (MOA, AOA) should be used instead of eMOA, eAOA with SPICe (INC-32)?
Answer

The table below clarifies the specific scenarios in which the pdf attachments or electronic versions of MOA/AOA can be used with SPICe (INC-32):

 

S.No.

Applicant

Forms Filing

1

Non-Individual first subscriber based outside India

SPICe (INC-32) with apostillised MOA and AOA as attachments

2

Non-Individual first subscriber based in India

SPICe (INC-32) with linked filing of eMOA (INC-33) and eAOA (INC-34)

3

Indian National being Subscriber other than director

SPICe (INC-32) with linked filing of eMOA (INC-33) and eAOA (INC-34)

4

Indian National being Subscriber-cum-Director

SPICe (INC-32) with linked filing of eMOA (INC-33) and eAOA (INC-34)

5

Foreign National being Subscriber other than director having valid DIN

SPICe (INC-32) with linked filing of eMOA (INC-33) and eAOA (INC-34) along with Valid Business Visa to be submitted.
In case Business Visa is not available, apostillised MOA and AOA shall be attached and in such cases, eMOA (INC33) and eAOA (INC-34) are NOT acceptable.

6

Foreign National being Subscriber-cum-Director having valid DIN

SPICe (INC-32) with linked filing of eMOA (INC-33) and eAOA (INC-34) along with valid Business Visa to be submitted.
In case Business Visa is not available, apostillised MOA and AOA shall be attached and in such cases, eMOA (INC33) and eAOA (INC-34) are NOT acceptable.

7

Foreign National being Subscriber-cum-Director not having valid DIN

SPICe (INC-32) with apostillised MOA and apostillised AOA as attachments.

 

Note: In all the above mentioned cases, the maximum number of subscribers allowed shall be 7 for filing of SPICe form.

Stakeholders may kindly note that in case SPICe (INC-32) has been filed with linked filing of eMOA (INC33) and eAOA (INC-34) without attaching business visa as required under Rule 13 (5) (d) of the Companies (Incorporation) Rules, 2014, the form is liable to be rejected (Marked as Invalid and Not to be taken on record) without putting for resubmission.

Posted on : - Apr 12, 2018
Question Can I attach MOA and AOA for few subscribers and form INC-33(eMOA) and INC-34(eAOA) for other subscribers for same company?
Answer

No. In case the proposed company is required to file MOA and AOA due to any of the above mentioned conditions, then SPICe (INC-32)shall be filed ONLY with MOA and AOA. In such cases, the proposed company is NOT required to file the eMOA and eAOA under any circumstances.

Posted on : - Apr 12, 2018
Question Can SPICe be used for incorporation of producer companies?
Answer

Yes. SPICe is now the only form for incorporation of all types of companies. Hence, SPICe shall be used for incorporation of producer companies or Part I companies.

Posted on : - Apr 12, 2018
Question If a body corporate is one of the subscribers/promoters, can DSC of an authorized Director be affixed?
Answer

Yes.

Posted on : - Apr 12, 2018
Question In SPICe AOA (INC-34) if additional Article is required, how to enter the same?
Answer

SPICe AOA (INC-34) has facility for adding, modifying, and deleting Articles.

Posted on : - Apr 12, 2018
Question Can we enter the conditions of private company as required under Section 5 of the Companies, Act, 2013 in SPICe AOA(INC-34)?
Answer

Yes, SPICe AOA (INC-34) has facility for adding, modifying, and deleting Articles.

Posted on : - Apr 12, 2018
Question Can we enter the names of first directors as required under Companies Act, 2013, in SPICe AOA (INC-34)?
Answer

Yes, SPICe AOA (INC-34) has facility for adding, modifying, and deleting Articles.

Posted on : - Apr 12, 2018
Question What if there are more than seven subscribers to MoA and AoA?
Answer

SPICe form shall be filed with MOA and AOA as attachments in case of more than seven subscribers.

Posted on : - Apr 12, 2018
Question In case of subscriber to the memorandum is a foreign national residing outside India, his signatures and address etc. shall be witnessed by a Notary Public/Embassy/Consulate offices of Embassies as per the Rule 13 of the Companies (Incorporation) Rules, 2014. In such cases, how the DSC of such a witness be affixed?
Answer

In such cases, SPICe (INC-32) shall be filed with manually signed and duly attested MoA and AoA.

Posted on : - Apr 12, 2018
Question Is DSC mandatory for Subscribers?
Answer

Yes, DSC is mandatory for all subscribers and witnesses in eMoA(INC-33) and eAoA(INC-34). e-MoA and e-AoA shall be used only where the maximum number of subscribers do not exceed 7. In case the number of subscribers are more than 7, MoA and AoA shall be attached manually to SPICe and DSC is not mandatory in such cases.

Posted on : - Apr 12, 2018
Question Whether subscribers` photo is required in SPICe forms?
Answer

No. Subscribers’ photo is not required.

Posted on : - Apr 12, 2018
Question How many resubmissions are permitted for SPICe forms?
Answer

Two.

Posted on : - Apr 12, 2018
Question Can OPCs be incorporated using SPICe forms?
Answer

Yes.

Posted on : - Apr 12, 2018
Question Can LLPs be incorporated using SPICe forms?
Answer

No

Posted on : - Apr 12, 2018
Question What is the word limit for writing objects in eMoA?
Answer

For main Objects character limit is 20,000 and for furtherance of objects , it is 1,00,000 characters.

Posted on : - Apr 12, 2018
Question Please clarify on attestation requirements in respect of foreign companies wanting to form a subsidiary in India?
Answer

Attestation requirements will be as per Rule 13 of the Companies (Incorporation) Rules, 2014.

Posted on : - Apr 12, 2018
Question Is SPICe e-MOA (INC-33) and SPICe e-AOA (INC-34) to be uploaded separately?
Answer

SPICe e-MOA and e-AOA have to be uploaded as ‘Linked Forms’ to SPICe (INC-32).

Posted on : - Apr 12, 2018
Question What if the subscribers to e-MOA and e-AOA are at different places as only one witness is provided?
Answer

e-MOA and e-AOA would be witnessed after all subscribers have signed as is happening presently.

Posted on : - Apr 12, 2018
Question Is refund applicable if SPICe forms get rejected?
Answer

Yes.

Posted on : - Apr 12, 2018
Question What is the maximum upload size of SPICe forms?
Answer

6 MB.

Posted on : - Apr 12, 2018
Question Can NIDHI Company be incorporated using SPICe forms?
Answer

Yes.

Posted on : - Apr 12, 2018
Question Is it mandatory to apply for PAN and TAN along with SPICe(INC-32)?
Answer

Yes.

Posted on : - Apr 12, 2018
Question What is the Fee payable for PAN and TAN?
Answer

For PAN-Rs.110 and TAN-Rs.65 becomes payable.

Posted on : - Apr 12, 2018
Question On approval of SPICe how PAN & TAN is communicated to the user?
Answer

On approval of SPICe forms, the Certificate of Incorporation (COI) is issued with PAN as allotted by the Income Tax Department. An electronic mail with Certificate of Incorporation (COI) as an attachment along with PAN and TAN is also sent to the user. Further PAN card shall be issued by the Income Tax Department.

Posted on : - Apr 12, 2018
Question Whether fee towards PAN and TAN is payable separately?
Answer

No. A consolidated challan gets generated at the time of filing SPICe (INC-32) which shall contain applicable fee towards

·        Form Fee

·        MOA

·        AOA

·        PAN

·        TAN

Posted on : - Apr 12, 2018
Question Please provide the contact details of officer responsible if PAN Card is not received by the user?
Answer

After receipt of Certificate of Incorporation (with PAN indicated therein as allotted by the Income Tax Department) in case of non-receipt of PAN card, stakeholders shall check the status at www.TIN-NSDL.com

Posted on : - Apr 12, 2018
Question What is the mode of grievance redressal?
Answer
Posted on : - Apr 12, 2018
Question What if an applicant for allotment of Director Identification Number (DIN) has been identified as a potential duplicate in SPICe?
Answer
Posted on : - Apr 12, 2018
Question How to enter an already approved name in SPICe form?
Answer

A name which has been approved using RUN service can be entered in SPICe against the field SRN of RUN. Based on the SRN entered, the Entity type, proposed name and any other relevant fields will be auto-filled by the system. Please use the same user login ID which was used for reserving the name for submitting and uploading SPICe, INC-12 and INC-24 forms.

Total Records : - 37
Check Your Tax Knowledge
Youtube
Product Demo
Professional services available
Tax Lok English Viedo
Tax Lok Hindi Viedo

FOR FREE CONDUCTED TOUR OF OUR ON-LINE LIBRARIES WITH OUR REPRESENTATIVE-- CLICK HERE

FOR ANY SUPPORT ON GST/INCOME TAX

Do You Want To Take FREE DEMO Of Our GST/Income Tax Library.