Incorporating a company through Simplified Proforma for Incorporating Company electronically (SPICe -INC-32), with eMoA (INC-33), eAOA (INC-34), is the default option and most companies are required to be incorporated through SPICe only.
Incorporation through SPICe (For details, SPICe FAQs on home page may be referred)
1. Stakeholders can avail of 5 different services (Name Reservation, Allotment of Director Identification number (DIN), Incorporation of New Company, Allotment of PAN and Allotment of TAN) in one form by applying for Incorporation of a new company through SPICe form (INC-32) - Simplified Proforma for Incorporating Company electronically (SPICe) - with eMoA (INC-33), eAOA (INC-34). In case eMoA, eAoA are not applicable, users are required to attach the pdf attachments of MoA and AoA. There is no need for reserving a name separately before filing SPICe. One name for the proposed company can be applied for in SPICe (INC-32).
2. Please note that a Section 8 company (Companies with Charitable Objects) can also be incorporated using SPICe form but after reserving a name using INC-1.
Incorporation through INC-7 in exceptional cases (For details, SPICe FAQs on home page may be referred)
1. Apply for the name of a company to be registered by first filing Form INC-1.
2. After approval of name, depending upon the proposed company type, file the incorporation forms listed below:
|Sr.No.||Type of Company||eForm||Linked Forms, as applicable|
|01||Section 8 company with less than 7 subscribers||SPICe (INC-32)||eMoA (INC-33), eAoA (INC-34)|
|02||Section 8 company with more than 7 subscribers||INC-7||DIR-12, INC-22|
|03||Chapter XXI (Part I) company||INC-7||DIR-12, INC-22, URC-1|
|04||Producer company||INC-7||DIR-12, INC-22|
|05||New Company - Others (including OPC) with less than 7 subscribers||SPICe (INC-32)||eMoA (INC-33), eAOA (INC-34)|
|06||New Company - Others (including OPC) with more than 7 subscribers||INC-7||DIR-12, INC-22, URC-1|
In order to register Part I Company, applicant is required to file Form INC-1 for name availability, first. After approval of the same, applicant is required to file Form No. URC-1 along with filing e forms INC-7, INC-22 and DIR-12 or e-forms INC-7 and DIR-12 as the case may be.
To register a section 8 company, applicant is required to file Form INC-1 for name availability. Once the name is approved, there is a further requirement of obtaining a license for a Section 8 Company, for which Form INC-12 is to be filed by such a company. After obtaining the license number, applicant can proceed further to incorporate a company by filing e forms SPICe or INC-7 (in case number of subscribers are more than seven) along with linked forms as the case may be.
Any foreign company can establish its place of business in India by filing eForm FC-1 (Information to be filed by foreign company).
Note: The eForm needs to be digitally signed by authorized representative of the foreign company. There is no need to apply and obtain DIN for Directors of a foreign company. However, it is mandatory to register the DSC of the authorized representative of the foreign company via associate DSC service available at MCA portal.