Ministry of Corporate Affairs (MCA) has introduced a bold initiative in Company Incorporation so that registering a company and starting business, in India, is made simpler and speedier that your business can be started within the stipulated time frame, in line with international best practices.
MCA has launched SPICE (Simplified Proforma for Incorporating Company Electronically) w.e.f. 02.10.2016 for registering companies in completely online form, vide Form INC-32.
This would be processed speedier as the e-MOA and e-AOA would have a faster review, by the approving authorities through the back office set up in this regard.
This would make setting up of business, in India, fairly simpler and more versatile, making way for “ease of doing business”.
The highlights of SPICE are:
- Simplified and completely Digital Form for Company Incorporation – Form INC-32
- Standard format of e-Memorandum of Association as per Companies Act, 2013 – Form INC 33
- Standard format of e-Articles of Association as per Companies Act, 2013 – Form INC 34
- Memorandum and Articles will now be filed as linked e-forms, except for Section 8 (not-for-profit companies)
- Provision to apply for Company Incorporation with a pre-approved Company Name vide INC -1, as well
- Mandatory DSCs of Subscribers and Witnesses in SPICe MOA and SPICe AOA
7. Back Office productivity gains due to faster review of e-MOA and e-AOA by approving authorities.
As part of the initiative of ease of doing business in India, the Ministry of Corporate Affairs had earlier introduced e-filing of single Form INC-29 as alternative to INC 7, so that incorporating a company in India does not take too long a time. As further simplification of the process of registering companies, SPICE Form INC-32 is intended to make the whole process versatile for a new company to be registered on-line in India, under the Companies Act, 2013.
e-Filing of single Form INC-32
- This form can be filed even after approval of name vide INC-1. This facility was not provided in INC-29.
- Memorandum of Association (MOA) has been provided in Electronic Mode INC-33.
- Article of Association (AOA) has been provided in Electronic Mode INC-34.
- By new e-MOA & e-AOA, no need for physical signatures of Subscribers; Instead, Digital Signature Certificate (DSC) of Subscribers can be affixed on MOA & AOA.
- By the new e-MOA & e-AOA, no need for physical signatures of Witness; Instead, Digital Signature Certificate (DSC) of Witness can be affixed on MOA & AOA.
- Existing INC-29 and INC-7 will be phased out and SPICe will be the single, simplified versatile form to be filed on-line for incorporation of a company in India.
Read earlier posts:
Integrated e-Form INC-29 for Company Incorporation and Ease of doing business
Incorporation of Companies under Companies Act, 2013 – Procedure
Source: http://www.mca.gov.in/Ministry/pdf/SPICEPress%20Release_03102016.pdf