SIMPLIFIED PROFORMA FOR INCORPORATING COMPANIES ELECTRONICALLY (SPICe)

Government of India took a step ahead in the aim of Ease of doing business in India as MCA has amended Companies (Incorporation) Rules, 2014 and inserted the provisions for Simplified Proforma For Incorporating Companies Electronically (SPICe) by adding Rule 38 to Companies (Incorporation) Rules, 2014 with effect from 2nd October 2016. 

Newly added Rule 38 to Companies (Incorporation) Rules, 2014 provides as follow:

“38. Simplified Proforma for Incorporating Company Electronically (SPICe)
1) The simplified integrated process for incorporation of a company in Form No. INC-32 alongwith e-Memorandum of Association in Form No. INC-33 and e-Articles of Association in Form No. INC-34.

2) The provisions of sub-rule (2) to sub-rule (13) of rule 36 shall apply mutatis mutandis for incorporation under this rule.


Provided that for the purposes of references to form numbers INC-29, INC-30 and INC-31 in rule 36 with Form No. INC-32, Form no. INC-33 and Form No. INC-34 shall be substituted respectively.”

Pursuant to Section 4, 7, 12, 152 & 153 of the Companies Act, 2013 and the rules made thereunder Form  32 (Simplified Proforma For Incorporating Companies Electronically (SPICe)) has been introduced which deals with the single application for reservation of name, incorporation of a new company and/or application for allotment of DIN. This eForm is accompanied by supporting documents including details of Directors & subscribers, MoA and AoA etc. Once the eForm is processed and found complete, company would be registered and CIN would be allocated. Also DINs gets issued to the proposed Directors who do not have a valid DIN. Maximum three Directors are allowed for using this integrated form for filing application of allotment of DIN while incorporating a company. Certificate of Incorporation will be sent on the mail ID of the company as specified in the application form mentioning the CIN of company.

Form 32 (SPICe MOA) & Form INC-34 (SPICe AOA) also have been introduced Pursuant to Schedule I (Sections 4 and 5) to the Companies Act, 2013 giving the way for electronic form of Memorandum of Association and Article of association of the Company.


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