Frequently Asked Question (FAQs) on SPICe Forms for Company Registration in India

Q. How many times can be applied for in SPICe (INC – 32)?

Only one name can be filed under INC 32 form. However, if you need to file more than one name, then you may file INC 1 before SPICe form. 6 Names can be filed under INC- 1 form.

Q. Is INC – 22 (form for registered office filing) still required to be filed with SPICe?

It is not required if companies registered office address is same as mentioned in form INC – 32. INC 22 is required to be filed within 30 days of its incorporation in the case registered office is different.

Q. How to get approved Memorandum of Association (MOA) and Articles of Association (AOA) in the case of e-MOA (INC – 33) and e-AOA (INC – 34)?

Any person willing to take approved MOA and AOA shall file for certified copies under AOA and MOA through certified copies facility available on MCA.

Q. Is it mandatory to use eMOA and eAOA? Can physical copies of MOA/AOA be signed and attached with SPICe forms?

Yes, it is mandatory in all cases of Indian subscribers, a foreign individual subscriber (having a valid DIN) and where the number of such subscribers is not more than seven. No physical copies of MOA/AOA are required to be attached.

Q. Can SPICe be used for incorporation of producer companies?

No. INC 32 i.e. SPICe form cannot be used for incorporation of producer companies. For incorporation of producer companies, unregistered companies and companies being formed with than 7 subscribers, a new version of INC-7 shall be used.

Q. Can foreign subscribers file SPICe (INC 32) or are they required filing in INC – 7?

Yes, the foreign subscriber having valid DIN can file SPICe (INC 32) with eMOA (INC 33) and eAOA (INC – 34) as linked forms. However, in a case of foreign individual subscribers without a valid DIN, form INC – 7 shall be used with physical MOA and AOA.

Q. Can NIDHI company be incorporated using SPICe forms?

Yes, Nidhi Company can be incorporated using SPICe form i.e. INC 32.

Q. Can we use SPICe form now for resubmitting incorporation applications filed in form INC-2 /7 earlier?

No, SPICe cannot be used in such cases. However, form INC-2/7 shall be available for resubmission cases only for a period of 15 days from the date the form was sent for resubmission by CRC.

Q. Whether subscribers' photo is required in SPICe forms?

No, Subscribers’ photo is not required. Earlier, subscriber photo was required on subscription sheet, but now the requirement has been dispensed with.

Q. How many resubmissions are permitted for SPICe forms?

Two resubmissions are permitted for SPICe forms.

Q. Can OPCs be incorporated using SPICe forms?

Yes and OPC can only be incorporated using this form as INC 2 shall not be available for filing.

Q. Can LLPs be incorporated using SPICe forms?

No, LLP cannot be incorporated using this form. The main reason behind it as LLP is being governed by different act and companies are governed by a different act.

Q. What is the word limit for writing objects in eMoA?

For main Objects (Field 3(a)), character limit is 20,000 and for furtherance of objects (Field 3(b)), it is 1,00,000 characters.

Q. Is SPICe eMoA (INC-33) and SPICe eAoA (INC-34) to be uploaded separately?

SPICe eMoA and eAoA have to be uploaded as ‘Linked Forms’ to SPICe (INC-32). This is same as we do for INC 7, INC 22 and DIR 12.

Q. What if the subscribers to eMoA and eAOA are at different places as only one witness is provided?

eMoA and eAOA would be witnessed after all subscribers have signed as is happening presently. They have to come at one place to complete the transaction/requirement legitimately.

Q. Is refund applicable if SPICe forms get rejected?

Yes, now this provision has been incorporated under this form. In case your form is rejected due to any reason, you can claim the refund of all the fees paid to the government. This is a very welcome move.

In the case of any query related to form filings, please contact us here.

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