Tuesday 4 October 2016

What is SPICe scheme of MCA? -MCA's notification dated 01/10/2016

MCA has taken a  step by introducing E-Form INC-32 under SPICe scheme vide MCA's notification dated 01/10/2016 notifying Companies(Incorporation) Fourth Amendment Rules, 2016.

SPICE means Simplified Proforma for Incorporating Company Electronically. 

Through this notification, MCA has notified simplified integrated process for incorporating a company in E-form INC-32 alongwith Memorandum of Association in E-form INC-33 and Article of Association in E-form INC-34.
Hence, through this initiative, MCA has simplified the procedure for incorporation by introducing filing of pre-drafted Memorandum and Article of Association electronically, which will make lots of work easier for the professionals. Earlier with effect from 01/05/2015, MCA came with the integrated process of incorporation by filing E-form INC-29.

This was a major reform brought by MCA for incorporation of company which require filing of only one E-form i.e. INC-29 as against five forms filed earlier
 (i.e. DIR-3 for application for obtaining DIN, INC-1 for approving the name of company, INC-7 for registration of company with MOA and AOA, INC-22 for registered office and Form DIR-12 for first directors of company).

1.     This form can be filed even after INC-1: Means even if we have already applied E-form INC-1, then also we can file INC-32. This facility was not there in E-Form INC-29. Although just like INC-29, we can also apply name of the company through form INC-32.

2.     MOA and AOA have been provided electronically in E-Form INC-33 and E-Form INC-34: Now under SPICe, Memorandum and Articles of Association need to be filed electronically, which will make lots of work easier. As in E-form INC-33, we just have to copy paste the objects of the company and in E-Form INC-34 which provides predrafted clauses of Articles of Association. We just have to choose the clauses to be mentioned in the Articles and also choose if any clause is not applicable or need to be altered. Hence, the task of drafting memorandum and Article of Association has become much easier for professionals.
 
3.     Digital Signatures of subscribers and witness of MOA and AOA will be affixed: Because of new electronic Memorandum and Article of Association of the company, there is no need of signatures of subscribers and witness. That means we just need to affix digital signatures of subscribers and witness on the E-Form INC-33 and E-form INC-34.
 
4.     Information in form INC-32 has been increased in comparison to INC-29:That means details in INC-32 is much more than INC-29 but at the same time INC-32 is quite similar with INC-29.

That means just like INC-29 which fulfil five purposes for company registration, which are application for DIN allotment, reservation of name, incorporation and even PAN and TAN, INC-32 provides same facility with further facilitating the process by introducing filing of Memorandum and Article of Association of the company electronically. Its an appreciable step taken by the Ministry because this will make lots of things easier, which is going to help professionals in very nice manner.
Click Here for updates and Key Highlights




Thanks & Regards
RAVI GARG (CS)     

91-7838204665, 
91-7830007660

 

Monday 3 October 2016

MCA Update 01.10.2016- Companies Incorporation Fourth Amendment Rules



Dear All,

The Ministry of Corporate Affairs (MCA) has issued Notification dated 01.10.2016 and made an amendment to the Companies (Incorporation) Rules, 2014.
KEY HIGHLIGHTS
·   These rules may be called the Companies (Incorporation) Fourth Amendment Rules, 2016
·   In Rule 33, for sub-rule (2), the following shall be substituted, namely:-

"(2) subject to the provision of sub-rule (1), for effecting the conversion of a public company into a private company, a.copy of order of the Tribunal approving the alteration, shall be filed with the Registrar in From No INC-'27 with fee together with the printed copy of altered articles within fifteen days from the date of receipt of the order from the Tribunal"
·   In the principal Rules, after Rule 37, the following rule shall be inserted, with effect from 2nd October 2016, namely:-
"38. Simplified Proforma for Incorporating Company Electronically (SPICE)

(1) The simplified integrated process for incorporation of a company in Form No. INC-32 along with e-Memorandum of Association in Form No. INC-33 and e-Article 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 lNC-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.
·   In the principal rules after rule 38 as so inserted these rule, the following rule shall be inserted with effect from 1st November, 2016, namely:-
39. Conversion of a company limited by guarantee into a company limited by shares.
·   In the principle rules, after the Form No. INC-11A, the following form shall be inserted, namely:-
Form No. INC-11B Certificate of Incorporation pursuant to conversion of a company limited
by guarantee into a company limited by shares


For more details click here Notification Link





 

Thanks & Regards

RAVI GARG (CS)     

91-7838204665, 
91-7830007660

Ravi Garg

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