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 |
In case of
technical problems i.e., form upload, pre-scrutiny errors, DSC related, payment
related queries, please raise a ticket on www.mca.gov.in/myservices and await a
resolution. You may also call up Corporate Seva Kendra at 0124-4832500 after 48
hours if ticket is not resolved. In case of resubmission / rejection remarks,
please contact 0124-4832500 and select option 1 for CRC. For escalation you may
send a mail to crc.escalation@mca.gov.in. |
|
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 |
If SPICe
form is filed containing details of a DIN applicant who has been identified as
a potential duplicate following message shall be displayed along with ‘Yes’ and
‘No’ options- “The system has identified applicant(s) as potential duplicate
because the contents are matching with an already filed DIN application form.
Please ensure that no DIN has already been allotted to the applicant. If you
still wish to continue say ‘Yes’. Please note that DIN application shall be approved
only after due verification by MCA “. If the user selects ‘No’, then the filing
of e-Form shall not be allowed. |
|
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. |
|