ANSWERING UNANSWERED QUESTIONS ON SPICE+ FORM - FAQ's on SPICE + Form

What are the New Fields Introduced in Part A of Spice + Form while Reserving a Name?

New fields introduced are:

(i) Type* of company *Hitherto entity type

(ii) Class of company

(iii) Category of company

(iv) Sub-Category of company

(v) Main division of industrial activity of the company

(vi) Description of the main division.

What Details are to be entered in Part A?

User has to enter the name he wants to reserve, for incorporation of a new company or for changing the name of an existing company.

 Users are requested to ensure that the proposed name selected does not contain any word which is prohibited under Section 4(2) & (3) of the Companies Act, 2013 read with Rule 8 of the Companies (Incorporation) Rules, 2014.

Users are also requested to read and understand Rule 8 of the Companies (Incorporation) Rules, 2014 in respect of any proposed name before applying for the same.

For Searching Name :

 http://www.mca.gov.in/mcafoportal/showCheckCompanyName.do

Stakeholders are requested to also check the Trademark search to ensure that the proposed name is not in violation of provisions of Section 4(2) of the Companies Act, 2013, failing which it is liable to be rejected.

·        For Trade Mark Search:

 http://www.ipindia.nic.in/index.htm

Whether any Attachment has to be annexed with Part A of Spice+?

No.

 However, it would be mandatory to attach relevant documents and No Objection Certificates(NOCs) in Part A of SPICe+ only when a name which requires the approval of a Sectoral Regulator or NoC etc. if applicable, as per the Companies(Incorporation) Rules, 2014, is being applied for.

Please note that only one file is allowed to be uploaded as an attachment and the size of the file should not exceed 6MB in case of Part A SPICe+ and overall limit of form size shall not exceed 6MB in case both Part A SPICe+ and Part B SPICe+ are filed together.

 In case of multiple attachments for Part A SPICe+, please scan all documents into a single file and upload the same.

Can a User Who has an approved Name using Part-A Spice+ form, can use any other user / applicant to file Part-B of Spice+ Form?

• No. The same user login ID which was used for reserving the name has to be used for submitting and uploading SPICe+ and other linked forms.

Under What Circumstances , RUN service would still continue?

·        From 23rd February 2020 onwards, RUN service would be applicable only for ‘change of name’ of an existing company.

·         

Is Registration for Professional Tax is mandatory through Form Spice+ ?

·        No. Registration for Profession Tax shall be mandatory through SPICe+ only in respect of new companies incorporated in the State of Maharashtra w.e.f 23rd February 2020.

·         

Is it mandatory for every subscriber/ director has to obtain DSC now?

·        Yes. In case number of subscribers and/or directors to eMoA and eAoA is up to twenty and all such subscribers and/or directors have DIN/PAN, it shall be mandatory for each one of them to obtain a DSC.

·        Under which role DSC needs to be associated for first directors not having DIN/Subscribers?

• First directors not having DIN/Subscribers having PAN shall associate their DSC under 'authorised representative' by providing their PAN. Once DIN is allocated for first directors post approval of SPICe+, DSC may be updated against DIN by using 'Update DSC' service.

How Inc-9 (Declaration by First Directors and Subscribers) would be generated?

• INC-9 shall be auto-generated in pdf format and would have to be submitted only in electronic form in all cases, except where: (i) Total number of subscribers and/or directors is greater than 20 and/or (ii) Any such subscribers and/or directors has neither DIN nor PAN.

What is Agile-Pro?

·       

AGILE-PRO contains application for GSTIN/EPFO/ESIC/Profession Tax Registration (in Maharashtra) and Opening of Bank A/c.

Can we Register a Nidhi Company using Spice+ Form?

·        Yes. Type of company shall be selected as ‘Nidhi company’.

What is the fee payable for PAN and TAN in Spice+?

For PAN-Rs.66 and TAN-Rs.65 becomes payable.

How PAN& TAN approval is communicated to the stakeholder?

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.

Whether Fee payable to PAN and TAN is to be paid separately?

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

(i)               Form Fee

(ii) MoA

(iii) AoA

(iv) PAN

(v) TAN

To whom we have to contact if we do not receive PAN details ?

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

What is the mode of grievance redressal ?

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

What if an applicant for allotment of DIN has been identified as a potential duplicate in Spice+ form?

·        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 eForm shall not be allowed.

Shram suvidha portal ceases to register EPFO/ESIC  w.e.f 15th Feb which shall now be register through Spice + through MCA Portal

Queries

1.Is anyone facing error while verify PAN details in SPICE like "Invocation Failed"? Pl provide solution if anyone have.

2.Does any member help me regarding opening of PartB of spice + after approval of Part A

Because I am not been able to open the Part B. Raised many tickets but no solution is received so far. Please let me know if any body knows about it.

3.We are making application in Web-form SPICE+ to CRC for name availability for conversion of llp into private limited company. Name Availability does not happen as there are still some charges are in force against the company . How to Resolve this issue?

However, auto-check option is showing the following error:

There are open (unsatisfied) charges against the company thus the name reservation is not allowed.

Whereas in form URC-1 there is a compulsory attachment for NOC from secured creditor for conversion and Secured creditor is also ready to provide it but not for satisfaction of charge as amount is in crores.

I raised ticket in this regard, but they're of the view that the form has been prepared as per ministry guidelines and they can't do anything in this regard, we'll have to compulsorily satisfy the charges if we want to proceed with the conversion application.

Any member here faced any such issue in past or anyone suggest what we should do to proceed further with the name availability application without charge satisfaction.

·         

·